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local juvenile rule 4

JUVENILE RULE 4: RELATIONSHIPS AMONG DIFFERENT DIVISIONS OF THE SUPERIOR COURT

A. JUVENILE DEPENDENCY, JUVENILE JUSTICE, FAMILY, AND PROBATE COURTS EXCHANGE OF INFORMATION

(1) This Rule addresses the exchange of information between Family Court Services (FCS) staff, the Juvenile Probation Department (JPD), the Department of Family and Children's Services (DFCS), the Adult Probation Department (APD), and the Probate Court Investigator’s (PCI) staff.

(2) The Court herby finds that the best interests of children, youth, and victims appearing before the Juvenile, Family, Criminal, and Probate Courts, the public interest in avoiding duplication of effort by the Courts and by the investigative and supervisory agencies serving the Juvenile Court or Court serving agency outweighs the confidentiality interests reflected in Penal Code Sections 11167 and 11167.5, W & I Code Sections 827 and 10850, Family Code Section 1818, and Probate Code Section 1513, and therefore good cause exists for the following Rule:

a. Juvenile Dependency

FCS, PCI, APD, and JPD staff may orally disclose to DFCS staff who are investigating or supervising a child abuse or neglect case the following information:

i. Whether the child, his/her parents, guardians, or caretakers are or have been the subject of a custody, Juvenile Justice, Criminal, or Probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the Court by FCS, PCI, APD, or JPD, the progress while under Court supervision including compliance with Court orders, and copies of any Court orders in existence with respect to the child, parents, guardians, or caretakers.

ii. Any statement made by the child of the child's parents, guardians, or caretakers which might bear upon the issue of the child's best interests in the pending child abuse or neglect case.

iii. DFCS may include this information in Court reports and keep such information in their case files.

iv. The following agencies may provide written documents to each other: JPD, PCI, APD, FCS, and DFCS. These documents may include, but are not limited to, relevant portions of investigation notes, progress notes and summaries, and Court reports containing information described in (i) and (ii) above. However, child abuse and neglect reports described by Penal Code Section 11167.5 (Suspected Child Abuse Report Form S-8572), information disclosing the identity of a reporting party, or Court-ordered psychological evaluations may not be exchanged between the agencies absent a Court order. Copies of DFCS or JPD documents used by PCI, APD, or FCS may not be made available to the public without a Court order.

b. Custody Disputes

JPD, PCI, APD, or DFCS may orally disclose to FCS staff who are mediating. evaluating, or investigating a child custody or visitation dispute the following information:

i. Whether the child or his/her parents or caretaker are or have been the subject of a child abuse, neglect, Probate, Criminal, or Juvenile Justice investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the Court by DFCS, PCI, APD, or JPD, the progress while under Court supervision including compliance with Court orders and copies of any Court orders in existence and probation conditions with respect to the child, parents, or caretakers.

ii. Any statements made by the child or the child's parents, guardians, or caretakers which might bear upon the issue of the child's best interests in the pending Family Court matter.

iii. FCS may include this information in Court reports and keep such information in their case files.

iv. The following agencies may provide written documents to each other: JPD, PCI, APD, FCS, and DFCS. These documents may include, but are not limited to, relevant portions of investigation notes, progress notes and summaries, and Court reports containing information described in (i) and (ii) above. However, child abuse and neglect reports described by Penal Code Section 11167.5 (Suspected Child Abuse Report Form S-8572), information disclosing the identity of a reporting party, or Court-ordered psychological evaluations may not be exchanged between the agencies absent a Court order. Copies of DFCS and JPD documents used by PCI, APD, or FCS may not be made available to the public without a Court order.

c. Juvenile Justice

i. FCS, PCI, APD, or DFCS staff may orally disclose to JPD staff who are investigating or supervising a Juvenile Justice case the following information:

ii. Whether a youth or his/her parents, guardian, or caretakers have been the subject of a child abuse, neglect, custody, Criminal, or Probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the Court by DFCS, FCS, APD, or PCI staff, the progress while under Court supervision including compliance with Court orders, and copies of any Court orders in existence with respect to the youth, parents, guardians, or caretaker(s).

iii. Any statements made by the youth or the youth’s parents, guardians, or caretakers which might bear upon the youth’s status or any disposition in the Juvenile Justice proceeding.

iv. JPD may include this information in Court report and keep such information in their case files.

v. The following agencies may provide written documents to each other: JPD, PCI, APD, FCS, and DFCS. These documents may include, but are not limited to, relevant portions of investigation notes, progress notes and summaries, and Court reports containing formation described in (i) and (ii) above. However, child abuse and neglect reports described by Penal Code Section 1116 (Suspected Child Abuse Report Form S-8572), information disclosing the identity of a reporting party, or Court-ordered psychological evaluations may not be exchanged between the agencies absent a Court order. Copies of DFCS or JPD documents used by PCI, APD, or FCS may not be made available to the public without a Court order.

d. Probate

FCS, DFCS, APD, and JPD staff may orally disclose to PCI staff who are investigating or supervising a probate guardianship or conservatorship matter the following information:

i. Whether the child or his/her parents, guardians, or caretakers have been the subject of a child abuse, neglect, custody, Criminal, or Juvenile Justice investigation; the findings and status of that investigation; the recommendations made or anticipated to be made to the Court by DFCS, FCS, APD, and JPD staff; the progress while under Court supervision including compliance with Court orders, and copies of any Court orders including probation conditions in existence with respect to the child, parents, guardians, or caretakers.

ii. Any statement made by the child or the child's parents, guardians, or caretakers which might bear upon the issue of the child's best interest in the Probation matter.

iii. PCI may include this information in Court reports and keep such information in their case files.

iv. The following agencies may provide written documents to each other: JPD, PCI, APD, FCS, and DFCS. These documents may include, but are not limited to, relevant portions of investigation notes, progress notes and summaries, and Court reports containing information described in (i) and (ii) above. However, child abuse and neglect reports described by Penal Code Section 11167.5 (Suspected Child Abuse Report Form S-572), information disclosing the identity of a reporting party, or Court-ordered psychological evaluations may not be exchanged between the agencies absent a Court order. Copies of DFCS or JPD documents used by PCI, APD, or FCS may not be made available to the public without a Court order.

f. Adult Probation

FCS, DFCS, JPD, and PCI staff may orally disclose to APD staff who are investigating a Criminal case or who are supervising a criminal defendant the following information:

i. Whether the child, his/her parents, guardians, or caretakers are or have been the subject of a custody, child abuse or neglect, Juvenile Justice, or Probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be to the Court by FCS, DFCS, JPD, or PCI staff, the progress while under Court supervision including compliance with Court orders. Copies of any Court orders including probation conditions in existence with respect to the child, parents, guardians, or caretakers.

ii. Any statement made by the child or the child's parents, guardians, or caretakers which might bear upon the issue of the child's or victim's best interest in the pending criminal action.

iii. APD may include this information in Court reports and keep such information in their case files.

iv. The following agencies may provide written documents to each other: JPD, PCI, APD, FCS, and DFCS. These documents may include, but are not limited to, relevant portions of investigation notes, progress notes and summaries, and Court reports containing information described in (i) and (ii) above. However, child abuse and neglect reports described by Penal Code Section 11167.5 (Suspected Child Abuse Report Form S-8572), information disclosing the identity of a reporting party, or Court-ordered psychological evaluations may not be exchanged between the agencies absent a Court order. Copies of DFCS or JPD documents used by PCI, APD, or FCS may not be made available to the public without a Court order.

B. FOREIGN CONSULATES

Whenever there is a reason to believe that a child appearing before the Juvenile Court is a foreign national, DFCS may orally disclose to the foreign consulate the following information about each child and parent: address, phone number, date of birth, and the reason the child was brought into protective custody.

C. COURT COMMUNICATION REGARDING RESTRAINING ORDERS

(1) Procedure in Juvenile Court

a. Subject to available resources, the Family, Juvenile, Civil, and Probate Courts will examine appropriate available databases for existing restraining or protective orders involving the same restrained and protected parties before issuing permanent CLETS Civil Restraining Orders. In the event that this information is not available to the judicial officer, inquiry may be made of the parties before issuing permanent CLETS Civil Restraining Orders.

b. Any order of the Family, Juvenile, or Probate Court that permits contact between a defendant/restrained person subject to either CLETS Civil Restraining Orders or Criminal Protective Orders and his or her children, must contain specific language setting forth the time, day, place, and manner of the transfer of the children, including the safe exchange of the children, in accordance with Family Code Section 3100. Safety of all parties is the Court's paramount concern. The Court or a Court-related agency may recommend safe and specific contact with the children and direct the defendant/restrained person and/or the victim/protected person to the process for modification of protective Orders.

c. In cases where the Court allows for property removal as an exception to the restraining order, the Other Orders-Property Removal form (Local Form FM-1102 ) may be used as an Attachment to the Temporary Restraining Order (Judicial Council Form JV-250 ) and Restraining Order After Hearing (Judicial Council Form JV-255 ).

(2) Modification of Criminal Protective Orders

a. Any Court responsible for issuing custody or visitation orders involving minor children of a defendant/restrained person subject to a Criminal Protective Order may modify the Criminal Protective Order if all of the following circumstances are satisfied:

i. Both the defendant/restrained person and the victim/protected person are subject to the jurisdiction of the Family, Juvenile, or Probate Court, and both parties are present before the Court.

ii. The defendant/restrained person has been convicted of or is currently charged with a domestic violence related offense in Santa Clara County and a Criminal Protective Order has issued and is still in effect.

iii. The Family, Juvenile, or Probate Court identifies a Criminal Protective Order issued against the defendant which is inconsistent with a proposed Family, Juvenile, or Probate Court Order, such that the Family, Juvenile, or Probate Order is/will be more restrictive than the Criminal Protective Order or there is a proposed custody or visitation order which requires recognition in the Criminal Protective Order (item 16 or both on the Criminal Protective Order Form).

iv. The defendant signs an appropriate waiver of rights form or enters a waiver of rights on the record.

v. Both the victim/protected person and the defendant/restrained person agree that the Criminal Protective Order may be modified to a more restrictive order or to check item 16 on the Criminal Protective Order.

b. The Family, Juvenile, or Probate Court may not modify existing Criminal Protective Orders to be less restrictive. Only if children are not listed as protected persons, a modification of the Criminal Protective Order to check item 16 will not be considered less restrictive.

c. The Family, Juvenile, or Probate Court may, on its own motion or at the request of defendant, protected person, or other interested party, calendar a hearing before the Criminal Court on the issue of whether a Criminal Protective Order should be modified. The Family, Juvenile, or Probate Court will provide the Criminal Court with copies of existing or proposed orders relating to the matter. Notice of the hearing will be provided to all counsel and parties.

(3) Modification of Family Court Domestic Violence Restraining Orders

a. In any case in which a Family Court Domestic Violence Restraining Order (“DVRO”) (Judicial Council Forms DV-110  or DV-130 ) includes protections for or custody orders related to a minor child subject to the jurisdiction of the Juvenile Dependency or Juvenile Justice Court, and after notice to or with the consent of the parties to the DVRO and all other interested parties, the Juvenile Dependency or Juvenile Justice Court may modify the Family Court DVRO in any of the following ways:

i. To remove a minor child who is the subject of a proceeding under Juvenile Court Law as a protected person on the DVRO and/or modify or terminate any visitation or custody orders set forth in the DVRO which pertain to the child;

ii. To provide in the DVRO for brief and peaceful contact with any protected person as required for Court-ordered placement of or visitation with the child;

iii. To vacate the DVRO and issue a Restraining Order- Juvenile (Judicial Council Form JV-250 ) in lieu of the DVRO, but only if all the protected persons listed in the DVRO are parties to the Juvenile Court case; or

iv. To modify or terminate any provision of the DVRO to allow the Juvenile Court to issue placement, custody, visitation, or reunification orders as determined to be appropriate by the Court.

b. Any modifications to a DVRO must be made on a Temporary Restraining Order form (Judicial Council Form DV-110 ) or Restraining Order After Hearing form (Judicial Council Form DV-130 ) and filed both under the Family Court case number and the Juvenile Court case number. Any request to modify or terminate provisions of the DVRO for protected persons not subject to the jurisdiction of the Juvenile Court will be referred to the Family Court for consideration and hearing. The Juvenile Clerk’s Office will transmit a copy of the amended restraining order to law enforcement for entry into the required state data systems unless otherwise arranged, and also will transmit a copy to Family Court for inclusion in the Family Court file.

D. FAMILY AND JUVENILE COURT MANAGEMENT OF CHILD ABUSE CASES

It is the policy of the Superior Court to identify and coordinate custody proceedings involving the same child which may appear in multiple legal settings. It is further the policy of the Superior Court to coordinate the efforts of the different Court systems so that the child's needs are served and the resources of the family and the Court are not wasted. To these ends, the Superior Court and the agencies serving the Court will cooperate to increase the exchange of information and to determine the most appropriate forum for the issues relating to the child.

(1) Report Pursuant to Penal Code Section 11166

If during the pendency of a Family Law proceeding a child abuse allegation against one of the child's parents comes to the attention of a FCS staff member or other mediator or evaluator, that person must first determine whether the allegation must be reported to a child protection agency pursuant to Penal Code Section 11166. If that person determines the allegation does not fall within the description of Section 11166, he/she need not make a report. However, any other person may report the allegation to a child protection agency.

(2) Child Abuse Investigation

When DFCS receives a report of suspected child abuse during the pendency of a Family Law proceeding, it must investigate the matter immediately or within three (3) or ten (10) days pursuant to DSS Regulations 30-132. DFCS must coordinate its investigation with the reporting police agency. DFCS must inform FCS of any decisions it makes concerning the child abuse investigation. If DFCS determines that further investigation is necessary, it must contact the investigating agency immediately so that all investigative efforts can be coordinated.

(3) W & I Code Section 329 Application

If DFCS decides not to intervene or fails to report to the reporting party within ten (10) days, any person may apply to the social worker pursuant to W & I Code Section 329. In that application, the affiant must give notice and identifying information of any pending Family Law proceeding. A copy of the application must be sent to FCS by the moving party. The social worker must respond to the application as soon as possible or within three (3) weeks after submission of the application. (W & I Code Section 329.) The social worker must orally notify FCS of the response. (See Judicial Council Forms JV-210  and JV-215  for application and order forms.)

(4) Suspension of Family Court Proceedings

a. DFCS Report

After a report of suspected child abuse has been made to a child protection agency, custody and visitation proceedings in the Family Court are suspended, except that the Family Court has the power to make temporary protective orders to ensure the safety of the child. The suspension will remain for eighteen (18) calendar days from the report or until DFCS indicates in writing that it will take no action in the matter, whichever occurs first.

b. W & I Section 300 Petition, Juvenile Court

If a petition pursuant to W & I Code Section 300 is filed in the Juvenile Court, all custody and visitation proceedings in the Family Court are suspended. Thereafter custody and visitation issues will be determined by the Juvenile Court. The Family Court will resume custody or visitation proceedings only after written authorization is received from the Juvenile Court.

(5) Review of Dependency Decision

If the DFCS social worker decides not to initiate Dependency proceedings, any person may apply to the Juvenile Court to review that decision pursuant to W & I Code Section 331. The application must include a copy of any application made pursuant to W & I Code Section 329 if one was made. The Juvenile Court will rule on the application as soon as possible and in no event later than thirty (30) days after receipt of the application. (See Judicial Council Forms JV-210  and JV-215  for application and order forms.)

(6) Informal Supervision Agreement

If during the DFCS social worker's investigation, one or both parents reach an informal supervision agreement pursuant to CRC 5.514, a copy of that agreement must be sent immediately to DFCS, to FCS, and to each parent.

(7) Family Code Section 3150 Appointment of Counsel

During Family Law proceedings in which allegations of child abuse have been made, the Family Court Judge may appoint counsel for the child (Family Code Section 3150) to protect the child's interests and/or expedite the policy stated herein and carry out the terms of this Rule.

(8) Coordination of Cases

At any time during the process described herein, the supervising judges of the Family and Juvenile Courts are encouraged to discuss problems relating to the coordination of cases involving child abuse allegations.

E. DUALLY INVOLVED YOUTH HEARINGS (W & I CODE SECTION 241.1)

(1) The Juvenile Dependency and Juvenile Justice Courts will follow the Santa Clara County Dually Involved Youth Protocol . Before any hearing conducted pursuant to W & I Code Section 241.1 at which the judicial officer in Juvenile Justice Court makes a finding or order affecting the legal status of the child in Dependency Court, the judicial officer making the finding or order or his/her designee will confer with the judicial officer in the other Juvenile Court proceeding by telephone or email of his or her intended finding or order. This Rule is intended to promote the best interests of children before the Juvenile Court by better communication between the Juvenile Justice and Dependency judicial officers in cases in which a child is the subject of proceedings in both Courts. Similarly, before the Juvenile Justice Court judicial officer sends the matter to the Dependency Court judge for the filing of a new Dependency Court case on behalf of the child, the judicial officer must confer and agree to move forward with the new W & I Code Section 300 petition.

(2) In any case where judicial supervision of a child under the jurisdiction of the Juvenile Court is transferred from the Juvenile Justice Court to the Juvenile Dependency Court, the Juvenile Probation Department must serve, within ten (10) Court days of the order modifying the Juvenile Children’s Services and minor’s counsel in the Dependency matter, with copies of the following documents, should they exist in the child’s case file:

a. Applications and Orders related to the administration of psychotropic medications, which include Judicial Council Forms JV-220 , JV-220(A) , and JV-223 ;

b. Findings and Orders related to limitations on a parent’s right to make educational decisions, which include Judicial Council forms JV-535 , JV-536 , and JV-537 ;

c. Order for Restitution and Abstract of Judgment (Judicial Council form JV-790 );

d. Individualized Educational Plans for the child; and

e. Unsealed psychological evaluations of the child conducted within twelve (12) months prior to the Court’s order modifying the Juvenile Court’s jurisdiction.

 

(Effective 1/1/2022)

 


Juvenile Rules of Court: Summary - Intro - 1 - 2 - 3 - 4
List of attached Juvenile local forms

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