{"id":23789,"date":"2017-03-22T15:49:39","date_gmt":"2017-03-22T15:49:39","guid":{"rendered":"http:\/\/vps39547.inmotionhosting.com\/~advokids\/?page_id=23789"},"modified":"2021-11-29T13:46:23","modified_gmt":"2021-11-29T21:46:23","slug":"local-rules","status":"publish","type":"page","link":"https:\/\/adevine.io\/advokids-backup\/local-rules\/","title":{"rendered":"County Rules of Court (Local Rules)"},"content":{"rendered":"
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Local Dependency Rules of Court (By County)<\/h2>\n

Governing Laws in Dependency Court<\/h3>\n

There are three sources of state laws that govern juvenile dependency proceedings at your local courthouse: 1) California\u00a0state laws; 2) California Rules of Court; and 3) local county rules.<\/p>\n

California State Law and California Rules of Court<\/span>: \u00a0<\/strong>Most of the state laws governing the dependency system are found in\u00a0California Welfare and Institutions Code \u00a7 300, et seq<\/a>.\u00a0The\u00a0California Rules of Court<\/a>,\u00a0also statewide,\u00a0apply to proceedings in the California Superior Court including\u00a0dependency proceedings and are adopted by the Judicial Council, which is the rule-making arm of the California court system.<\/p>\n

Local County Rules of Court<\/span>:<\/strong> \u00a0Each local county may also make local rules for its own government and the government of its officers not inconsistent with law or with the rules adopted and prescribed by the Judicial Council. When advocating for a child in foster care, it is important to be familiar with state law, the California Rules of Court, and the local rules created by your county court system.<\/p>\n

Local County Rules of Court - Topics Relevant to Dependency<\/h3>\n

Local county rules address many areas of of law, including dependency proceedings. \u00a0These are six topics pertinent to juvenile dependency law that we cover on this page:<\/p>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\t\t<\/div>\n\t<\/div>\n<\/div>\n

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1) \u00a0Attorney Representation in Dependency Court<\/span><\/h4>\n

State law charges minors' counsel with the tremendous responsibility of representing foster children in the dependency legal system. For information on state laws that govern standards of representation and duties for minor's counsel, see\u00a0Welfare and Institutions Code Section 317(e)<\/a>\u00a0and California Rule of Court 5.660<\/a>. State law also allows foster youth to lodge a complaint about the performance of their attorney. In some California counties, a complaint concerning the performance of an attorney appointed to represent a minor may be lodged on the child\u2019s behalf by a caretaker, relative, or a foster parent. For more information, see\u00a0our\u00a0The Role of Minor's Counsel<\/a>.<\/p>\n

2) \u00a0De Facto Parent Status<\/span><\/h4>\n

A de facto parent is a person who has been found by the court to have \u201cassumed, on a day-to-day basis, the role of the parent, fulfilling both the child\u2019s physical and psychological need for care and affection, and who has assumed that role for a substantial period.\u201d De facto parents are able to participate in juvenile court as a party and to present evidence to promote the best interests of the child and help the court make informed decisions regarding the child\u2019s care and placement. \u00a0For information on the California Rules of Court requirements for obtaining de facto parent status, see our De Facto Parent Information webpage<\/a>.<\/p>\n

3) \u00a0Children's Appearance in Court<\/span><\/h4>\n

Foster children and youth are entitled to be present at their court hearings and may address the court and participate in the hearings. If a child or youth is 10 years or older, the court must ask why s\/he is not present and whether the child or youth was given notice of the hearing and had the opportunity to attend. \u00a0Welfare and Institutions Code section 349(c)<\/a>. \u00a0For more information, see our Information for Foster Youth webpage<\/a>.<\/p>\n

4) \u00a0Court Appointed Special Advocate (CASA)<\/span><\/h4>\n

Court Appointed Special Advocates (CASA) are\u00a0volunteers trained to act as first-hand observers\u00a0of the individual needs of abused and neglected children in foster care. After completing at least 30 hours of training, CASAs are appointed by the court to a specific foster child. The CASA often serves as a source of information for the court about the child and the child's needs, advocates for\u00a0the child's best interests in the courtroom, and acts as a \"watchdog\" for the child's\u00a0needs while the child is in the system. \u00a0Local rules sometimes include CASA appointment procedures or rules governing access to documents or the court file.<\/p>\n

5) \u00a0Welfare and Institutions Code Section 388 petitions (JV-180 - Request to Change Court Order)<\/span><\/h4>\n

Any parent, sibling, or other person having an interest in a child who is a dependent of the juvenile court may have their concerns heard\u00a0by a judge (even when you are not a party and do not qualify for de facto status) by filing a 388 petition\/JV-180. \u00a0A 388 petition\/JV-180 Request to Change Court Order\u00a0should be used only for important issues that need to be addressed immediately, circumstances have changed or there is new evidence that you can offer to the judge, and it is in the child\u2019s best interests to modify a previous order. For more information, see our How To Request To Change A Court Order page<\/a>.<\/p>\n

6)\u00a0 Notice Regarding Placement Changes to Child(ren)'s Attorney<\/span><\/h4>\n

Welfare and Institutions Code section 16010.6(a)<\/a> requires the county placing agency to notify the child's attorney when the decision to change the child's placement is first made (but no later than the close of the following business day) and to provide the child's attorney with the. . . proposed new caregiver\u2019s name, address, and \u00a0telephone number.\u00a0\u00a0If the proposed placement change involves separating siblings who are currently placed together, section 16010.6(c) requires the placing agency to notify the child\u2019s attorney and the child's sibling's attorney(s)...at least 10 calendar days prior to the date of the change so that they may investigate the circumstances of the proposed separation of the siblings. If the required efforts to preserve the placement prove to be unsuccessful, section 16010.7(e)(3<\/a>) requires that the dependent child\/youth's attorney receive written notice of the proposed placement change at least 14 days prior to the date of the proposed change.<\/p>\n

Find these Local Rules for Your County<\/h3>\n

To check the local rules in your county of jurisdiction, click the name of your county below. If your county has local rules pertinent to any of the six areas listed above, we have provided the number of the local rule for you to reference.<\/p>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\t\t<\/div>\n\t<\/div>\n<\/div>\n

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  • Alameda<\/li><\/h4><\/a>\n\n\t\t\t\t\t\t\tExpand<\/span><\/i><\/a>\n\t\t\t\n\t\t<\/div>\n\t\t

    HOW TO FIND THESE LOCAL RULES<\/span>: First, note the number of the the local county rule that you want from the list below and then\u00a0select the county on the\u00a0California Courts website<\/a>\u00a0<\/strong>(found here)<\/a>\u00a0<\/strong><\/span>which links to the most updated version of each county's local rules of court. Scroll down on the Judicial Council's website for that county to find the rule you want. Local rules for juvenile dependency court proceedings typically fall under headings such as \"dependency\" or \"juvenile.\" If those headings do not appear, please search under local rules in \"family\" law.<\/span><\/em><\/p>\n

    1)\u00a0 Attorney Representation in Dependency Court<\/p>\n