Document Filing Requirements in the California Rules of Court

If the proof of service names attorneys for separately represented parties, it must also state which party or parties each of the attorneys served is representing.

As used in these rules, "proof of service" means a declaration stating that service has been made as provided in (a) and (b).

Judicial Council forms adopted for mandatory use must bear one of the specified labels in the lower left corner of the first page.

Publishers and courts reprinting a mandatory Judicial Council form in effect before July 1, 1999, must add the words "Mandatory Form" to the bottom of the first page.

Wherever applicable, they must be used by all parties and must be accepted for filing by all courts.

Publishers and courts reprinting an optional Judicial Council form in effect before July 1, 1999, must add the words "Optional Form" to the bottom of the first page.

Forms approved by the Judicial Council for optional use, wherever applicable, may be used by parties and must be accepted for filing by all courts.

Forms approved by the Judicial Council for optional use bear the words "Form Approved for Optional Use" or "Optional Form" in the lower left corner of the first page.

A person or party requesting protective orders or the person’s attorney may submit an amended form CLETS-001 or CLETS-002 as a matter of right to provide updated or more complete and accurate information.

A person requesting protective orders under the listed statutes must submit a completed CLETS-001 form to the court with the request.

A prosecuting agency requesting protective orders under the listed statutes must submit a completed CLETS-002 form to the court with the request.

Requests for accommodations must include a description of the accommodation sought, along with a statement of the medical condition that necessitates the accommodation.

The court must promptly notify the applicant of its determination, provide a written response to any denial in whole or part, and state the determination, any denial reason, the accommodation and its duration, and the delivery or mailing date if written; it may provide an alternative-format response on request.

If the determination to grant or deny a request for accommodation is made by nonjudicial court personnel, an applicant or any participant in the proceeding may submit a written request for review of that determination to the presiding judge or designated judicial officer.

The court, in its discretion, may require the applicant to provide additional information about the medical condition.

If two or more media agencies of the same type request media coverage of a proceeding, they must file a joint statement of agreed arrangements.

A completed, proposed order on Order on Media Request to Permit Coverage (form MC-510) must be filed with the request.

The media may request an order on Media Request to Photograph, Record, or Broadcast (form MC-500).

Media coverage may be permitted only on written order of the judge as provided in this subdivision.

The confidential list must identify each item of redacted information and specify an appropriate reference that uniquely corresponds to each item of redacted information listed.

A party filing a confidential reference list must use Confidential Reference List of Identifiers (form MC-120) for that purpose.

An application for an order extending time must disclose in writing the nature of the case and what extensions, if any, have previously been granted by order of court or stipulation of counsel.

An order imposing sanctions must be in writing and must recite in detail the conduct or circumstances justifying the order.

A party's motion for sanctions must (1) state the applicable rule that has been violated, (2) describe the specific conduct that is alleged to have violated the rule, and (3) identify the attorney, law firm, party, witness, or other person against whom sanctions are sought.

The court on its own motion may issue an order to show cause that must (1) state the applicable rule that has been violated, (2) describe the specific conduct that appears to have violated the rule, and (3) direct the attorney, law firm, party, witness, or other person to show cause why sanctions should not be imposed against them for violation of the rule.

(2) Requests for accommodations must include a description of the accommodation being requested. The court, in its discretion, may require the applicant to provide additional information about the request.

(D) The duration of any accommodation to be provided; and

(B) If the request for accommodation is denied in whole or in part, the reason for the denial;

(C) The nature of any accommodation to be provided;

(E) If the response is in writing, the date the response was delivered in person or sent to the applicant.

(A) Whether the request for accommodation is granted or denied, in whole or in part, or an alternative accommodation is granted;

The court must promptly inform the applicant of the determination to grant or deny an accommodation request. If the accommodation request is denied in whole or in part, the response must be in writing.

The footer must contain the title of the paper (examples: "Complaint," "XYZ Corp.'s Motion for Summary Judgment") or some clear and concise abbreviation.

If a case is reclassified by an amended complaint, cross-complaint, amended cross-complaint, or other pleading under Code of Civil Procedure section 403.020 or 403.030, the caption must indicate that the action or proceeding is reclassified by this pleading.

(6) Below the number of the case, the nature of the paper and, on all complaints and petitions, the character of the action or proceeding.

(10) In the caption of every pleading and every other paper filed in a limited civil case, the words "Limited Civil Case," as required by Code of Civil Procedure section 422.30(b).

On any subsequent pleading or paper, it is sufficient to provide a short title of the case (1) stating the name of the first party on each side, with appropriate indication of other parties, and (2) stating that a cross-action or cross-actions are involved (e.g., "and Related Cross-action"), if applicable.

(9) On the complaint, petition, or application filed in a limited civil case, below the character of the action or proceeding, the amount demanded in the complaint, petition, or application, stated as follows: "Amount demanded exceeds $10,000" or "Amount demanded does not exceed $10,000," as required by Government Code section 70613.

(7) Below the nature of the paper or the character of the action or proceeding, the name of the judge and department, if any, to which the case is assigned.

The caption or title must state that the case is a limited civil case reclassified as an unlimited civil case, or an unlimited civil case reclassified as a limited civil case, or other words to that effect.

In a case having multiple parties, any answer, response, or opposition must specifically identify the complaining, propounding, or moving party and the complaint, motion, or other matter being answered or opposed.

(3) On line 8, at or below 3 1/3 inches from the top of the page, the title of the court.

(4) Below the title of the court, in the space to the left of the center of the page, the title of the case.

In the title of the case on each initial complaint or cross-complaint, the name of each party must commence on a separate line beginning at the left margin of the page.

On the first page of each paper, the attorney for the party or the party appearing in person must provide the listed identifying and contact information in the specified position.

(5) To the right of and opposite the title, the number of the case.

(8) Below the nature of the paper or the character of the action or proceeding, the word "Referee:" followed by the name of the referee, on any paper filed in a case pending before a referee appointed under Code of Civil Procedure section 638 or 639.

If a case is reclassified by stipulation under Code of Civil Procedure section 403.050, the title of the stipulation must state that the action or proceeding is reclassified by this stipulation.

(3) The party asserting it if more than one party is represented on the pleading (e.g., "by plaintiff Jones"); and

(4) The party or parties to whom it is directed (e.g., "against defendant Smith").

(2) Its nature (e.g., "for fraud");

(1) Its number (e.g., "first cause of action");

A party or attorney who files a form certifies by filing the form that it is a true copy of the form.

(b) Compliance with rule The act of filing a computer-generated or typewritten form under this rule constitutes a certification by the party or attorney filing the form that it complies with this rule and is a true and correct copy of the form to the extent required by this rule.

(3) The title and all the text of form POS-010 that is not accompanied by a check box must be copied word for word except for any instructions, which need not be copied. In addition, the optional text describing the particular method of service used must be copied word for word, except that the check boxes must not be copied. Any optional text not describing such service need not be included.

(5) The text of form POS-010 must be copied in the same order as it appears on form POS-010 using the same item numbers. A declaration of diligence may be attached to the proof of service or inserted as item 5b(5).

An attorney or self-represented party whose mailing address, telephone number, fax number, or e-mail address (if it was provided under rule 2.111(1)) changes while an action is pending must serve on all parties and file a written notice of the change.

Filing Consent to Electronic Service and Notice of Electronic Service Address (form EFS-005-CV).

When adopting mandatory e-filing and service, a court must specify the covered civil actions and may select from the categories listed in the rule.

The court's contract with an electronic filing service provider must comply with the requirements of Code of Civil Procedure section 1010.6.

The court's contract with an electronic filing manager must comply with the requirements of Code of Civil Procedure section 1010.6.

All contracts between the court and electronic filing service providers or the court and electronic filing managers must acknowledge that the court is the owner of the contents of the filing system and has the exclusive right to control the system's use.

(1) The declarant has signed the document using an electronic signature and declares under penalty of perjury under the laws of the state of California that the information submitted is true and correct. If the declarant is not the electronic filer, the electronic signature must be unique to the declarant, capable of verification, under the sole control of the declarant, and linked to data in such a manner that if the data are changed, the electronic signature is invalidated;

(B) The opposing party or other person has signed the document using an electronic signature and that electronic signature is unique to the person using it, capable of verification, under the sole control of the person using it, and linked to data in such a manner that if the data are changed, the electronic signature is invalidated.

(1) If a document does not require a signature under penalty of perjury, the document is deemed signed by person who filed it electronically.

(A) The opposing party or other person has signed a printed form of the document before, or on the same day as, the date of filing. The electronic filer must maintain the original, signed document and must make it available for inspection and copying as provided in (b)(2) of this rule and Code of Civil Procedure section 1010.6. The court and any other party may demand production of the original signed document in the manner provided in (b)(2)(A)-(C). By electronically filing the document, the electronic filer indicates that all parties have signed the document and that the filer has the signed original in his or her possession;

(C) At any time after the electronic version of the document is filed, the court may order the filing party or other person to produce the original signed document in court for inspection and copying by the court. The order must specify the date, time, and place for the production and must be served on all parties.

(2) The declarant, before filing, has physically signed a printed form of the document. By electronically filing the document, the electronic filer certifies that the original, signed document is available for inspection and copying at the request of the court or any other party. In the event this second method of submitting documents electronically under penalty of perjury is used, the following conditions apply:

If a document requires a signature by a court or a judicial officer, the document may be electronically signed in any manner permitted by law.

The electronically transmitted summons must contain an image of the court's seal and the assigned case number.

An electronically filed document's court endorsement must contain the specified wording followed by the court clerk's name.

The filing confirmation must state the filing date and time, serve as proof of filing, and specify any transaction number, the titles of documents filed, and the fees assessed.

The court must send receipt and filing confirmation to the electronic filer at the electronic service address the filer furnished to the court under rule 2.256(a)(4). The court must maintain a record of all receipt and filing confirmations.

When a court receives an electronically submitted document, the court must promptly send the electronic filer confirmation of the court's receipt of the document, indicating the date and time of receipt.

Each document filed by a fax filing agency must contain the phrase "By fax" immediately below the title of the document.

Neither the cover sheet nor the special handling instructions are to be filed in the case.

The court is not required to keep a copy of the cover sheet.

If an unknown transmission error or the court’s failure to process a received fax prevents filing, the sending party may seek nunc pro tunc filing and must accompany the motion with the transmission record and the prescribed proof of transmission.

The local rule must state that direct fax filing may be made under the rules in this chapter and must provide the fax telephone number for filings and specific telephone numbers for any departments to which fax filings should be made directly.

Each document transmitted for direct filing with the court must contain the phrase "By fax" immediately below the title of the document.

The cover sheet for these filings must include (1) the credit or debit card account number to which the fees may be charged, (2) the signature of the cardholder authorizing the charging of the fees, and (3) the expiration date of the credit or debit card.

A party filing a document directly by fax must use the Facsimile Transmission Cover Sheet (Fax Filing) (form MC-005).

A party filing by fax must cause the transmitting fax machine to print a transmission record of each filing by fax.

The filing party must provide a filed-stamped copy to the temporary judge or referee of each document relevant to the issues before the temporary judge or referee.

For a case pending before a temporary judge or referee, original documents must be filed with the clerk in the same manner as for a case heard by a judge.

Temporary judges and referees must file a statement in each case in which they are appointed that provides the name, telephone number, and mailing address of a person who may be contacted to obtain access to any documents or exhibits submitted to the temporary judge or referee that would be open to the public if filed or lodged with the court.

If a document would ordinarily be filed with the court after it is submitted to a judge or if a party submits an ex parte application, the party that submits the document or application to a temporary judge or referee must file the original with the court no later than the next court day after the document or application was submitted to the temporary judge or referee and must promptly provide a filed-stamped copy of the document or application to the temporary judge or referee.

If a document must be filed with the court before it is considered by a judge, the temporary judge or referee must not accept or consider any copy of that document unless the document has the clerk's file stamp or is accompanied by a declaration stating that the original document has been submitted to the court for filing.

The website for each trial court must include a link to information that will inform the public of who may access their electronic records under the rules in this chapter and under what conditions they may do so.

This information will be posted publicly on the California Courts website at www.courts.ca.gov.

Each trial court may post additional information, in plain language, as necessary to inform the public about the level of access that the particular trial court is providing.

The court is not required to make findings of fact.

The court's order must be posted on the court's website and a copy sent to the Judicial Council.

The court's order permitting remote access must specify which court records will be available by remote access and what categories of information are to be redacted.

The court may order any party who files a document containing such information to provide the court with both an original unredacted version of the document for filing in the court file and a redacted version of the document for remote access.

(4) That any person who willfully destroys or alters any court record maintained in electronic form is subject to the penalties imposed by Government Code section 6201.

The court must give notice of these conditions, in any manner it deems appropriate.

(3) Whether electronic records are the official records of the court. The notice must describe the procedure and any fee required for obtaining a certified copy of an official record of the court.

For members of the public accessing court records electronically, the court must give notice that copyright or proprietary rights may apply and that use is limited to what law or court order permits, with inconsistent use prohibited.

The court must post a privacy policy on its public-access Web site to inform members of the public accessing its electronic records of the information it collects regarding access transactions and the uses that the court may make of the collected information.

Any contract between the court and a vendor to provide public access to the court's electronic records must provide that the court is the owner of these records and has the exclusive right to control their use.

The court's contract with a vendor to provide public access to its electronic records must be consistent with the rules in this chapter and must require the vendor to provide public access to court records and to protect the confidentiality of court records as required by law or by court order.

(F) Party type;

(D) Case number;

(A) Date of court calendar;

(10) Government-issued identification card numbers (i.e., military);

(B) Time of calendared event;

(12) Date of birth.

(9) Gender;

(B) Party names (unless made confidential by law);

(C) Case type;

(A) Date case commenced;

(2) Any financial information;

(D) Case title (unless made confidential by law);

(8) Age;

(D) Date on which the case was filed; and

(4) Search warrant information;

(G) Date of each activity; and

(C) Party type;

(E) Case title (unless made confidential by law).

(1) Social security number;

(11) Driver's license number; and

The register of actions must be a summary of every proceeding in a case, in compliance with Government Code section 69845, and must include:

(C) Court department number;

To the extent it is feasible to do so, the court must maintain court calendars, indexes, and registers of actions available to the public by electronic means in accordance with this rule.

(E) Party names (unless made confidential by law);

(3) Arrest warrant information;

(A) Case title (unless made confidential by law);

(6) Witness information;

(5) Victim information;

(H) Description of each activity.

(7) Ethnicity;

(E) Case number.

(B) Case number;

(2) Represents to the court in the remote access system that he or she has obtained the party's consent to remotely access the party's electronic records.

A party's attorney must certify that the other persons authorized for remote access are working in the same legal organization as the party's attorney and are assisting the party's attorney in the action or proceeding.

Authorized persons must represent to the court in the remote access system that the qualified legal services project has obtained the party's consent to remotely access the party's electronic records.

The qualified legal services project must certify that the authorized persons work in their organization.

A court providing remote access to electronic records under this article should make limited audit trails available to authorized users under this article.

A limited audit trail should identify the user who remotely accessed electronic records in a particular case, but must not identify which specific electronic records were accessed.

The court should be able to generate an audit trail containing one or more of the listed details about remote access.

The agreements may define the terms of access, provide for compliance audits, specify the scope of liability, and provide for sanctions for misuse up to and including termination of remote access.

The court may choose to require each user to submit a signed, written agreement enumerating those conditions before it permits that user to remotely access electronic records.

The court should be able to generate an audit trail containing one or more of the listed access details.

A limited audit trail should identify the user who remotely accessed electronic records in a particular case, but must not identify which specific electronic records were accessed.

A court providing remote access to electronic records under this article should make limited audit trails available to authorized users of the government entity.

The court may choose to require each user to submit a signed, written agreement enumerating those conditions before it permits that user to access electronic records remotely.

A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;

No less restrictive means exist to achieve the overriding interest.

Direct the sealing of only those documents and pages, or, if reasonably practicable, portions of those documents and pages, that contain the material that needs to be placed under seal. All other portions of each document or page must be included in the public file.

There exists an overriding interest that overcomes the right of public access to the record;

The proposed sealing is narrowly tailored; and

Specifically state the facts that support the findings; and

The overriding interest supports sealing the record;

The order unsealing a record must state whether the record is unsealed entirely or in part.

Contains all the information required on a caption page under rule 2.111; and

When the redacted and unredacted versions are required under (b)(5), their covers must bear the respective specified identifying statements.

The party submitting the lodged record must affix to the electronic transmission, the envelope, or the container a cover sheet that:

States that the enclosed record is subject to a motion or an application to file the record under seal.

The order must state whether-in addition to the sealed records-the order itself, the register of actions, any other court records, or any other records relating to the case are to be sealed.

If the court's order unseals only part of the record or unseals the record only as to certain persons, the order must specify the particular records that are unsealed, the particular persons who may have access to the record, or both.

If other case records were also sealed, the unsealing order must state whether those additional records are unsealed.

A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.

The order must state whether any person other than the court is authorized to inspect the sealed record.

If the court proposes to order a record unsealed on its own motion, the court must give notice to the parties stating the reason for unsealing the record.

In a False Claims Act case, the complaint and every other paper filed while the case is under seal must have a completed Confidential Cover Sheet—False Claims Action (form CM-011) affixed to the first page.

When the complaint or other paper in a False Claims Act case is filed under seal, the clerk must stamp both the cover sheet and the caption page of the paper.

The Attorney General or other prosecuting authority filing a notice of intervention or nonintervention must submit a proposed order indicating the documents that are to be unsealed or to remain sealed.

The name of the petitioner must not appear on that cover sheet.

In any form that requests the petitioner's proposed name, the petitioner and the court must indicate that the proposed name is confidential and on file with the Secretary of State under the provisions of the Safe at Home address confidentiality program.

To maintain the confidentiality provided under Code of Civil Procedure section 1277(b) for the petitioner's current name, the petitioner must attach a completed Confidential Cover Sheet-Name Change Proceeding Under Address Confidentiality Program (Safe at Home) (form NC-400) to the front of the petition for name change and every other document filed in the proceedings.

A determination under (a) must be made by noticed motion, with service by mail on the confidential name change petitioner in care of the Secretary of State's address confidentiality program as stated in Government Code section 6206(a)(5)(A).

(1) The order may be issued on Order on Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home) (form NC-425).

(2) Any order granting the application to seal must state whether the declaration in support of the application, the order itself, and any other record in the proceeding are to be sealed as well as the petition for name change.

(5) The order must identify any person other than the court who is authorized to inspect the sealed records.

For a confidential name-change petition lodged under this rule, the petitioner must use completed form NC-400 marked “CONDITIONALLY UNDER SEAL,” affixing it to the envelope for a paper petition or making it the first page of an electronic transmission.

The confidential name change petitioner's application to seal records must use form NC-410 and include form NC-420 with facts sufficient to justify sealing.

(1) "This action is on a claim for money based on contract against a defendant who is not a natural person. The claim is not secured within the meaning of Code of Civil Procedure section 483.010(b)."

(2) "This action is on a claim for money based on contract against a defendant who is a natural person. The claim arises out of the defendant's conduct of a trade, business, or profession, and the money, property, or services were not used by the defendant primarily for personal, family, or household purposes. The claim is not secured within the meaning of Code of Civil Procedure section 483.010(b)."

the clerk must include in the minutes the nature of the hearing and only such references to writings or witnesses as will not disclose privileged information.

an attorney must complete the application required under rule 10.744

A court that uses temporary judges must maintain records verifying that each attorney who serves as a temporary judge in that court has attended and successfully completed the courses required under this rule.

Before serving, the attorney must subscribe the oath of office

and must certify that he or she is aware of and will comply with applicable provisions of canon 6 of the Code of Judicial Ethics and the California Rules of Court.

An attorney may serve as a temporary judge for the court only after the court has issued an order appointing him or her to serve.

(1) The party is deemed to have stipulated to the attorney serving as a temporary judge if the party fails to object to the matter being heard by the temporary judge before the temporary judge begins the proceeding; or

(1) The application or motion must be heard by the presiding judge or a judge designated by the presiding judge.

(2) A written notice provided to each party.

(3) The party has a right to have the matter heard before a judge, commissioner, or referee of the court.

(2) A declaration that a ruling by a temporary judge is based on an error of fact or law does not establish good cause for withdrawing a stipulation.

(1) A temporary judge will be hearing the matters for that calendar;

(4) If the application or motion for withdrawing the stipulation is based on grounds for the disqualification of, or limitation of the appearance by, the temporary judge first learned or arising after the temporary judge has made one or more rulings, but before the temporary judge has completed judicial action in the proceeding, the temporary judge, unless the disqualification or termination is waived, must disqualify himself or herself.

Before the swearing in of the first witness at a small claims hearing, before the entry of a plea by the defendant at a traffic arraignment, or before the commencement of any other proceeding, the court must give notice to each party that:

But in the absence of good cause, the rulings the temporary judge has made up to that time must not be set aside by the judicial officer or temporary judge who replaces the temporary judge.

An application or motion to withdraw a stipulation for the appointment of a temporary judge must be supported by a declaration of facts establishing good cause for permitting the party to withdraw the stipulation. In addition:

(3) The application or motion must be served and filed, and the moving party must provide a copy to the presiding judge.

(2) The temporary judge is a qualified member of the State Bar and the name of the temporary judge is provided; and

(1) A conspicuous sign posted inside or just outside the courtroom, accompanied by oral notification or notification by videotape or audiotape by a court officer on the day of the hearing; or

(2) The party signs a written stipulation agreeing that the matter may be heard by the temporary judge.

The waiver must be in writing, must recite the basis for the disqualification or limitation, and must state that it was knowingly made. The waiver is effective only when signed by all parties and their attorneys and filed in the record.

The stipulation and order must then be filed.

When the parties request an attorney to serve as temporary judge, their stipulation must be in writing and state the agreed attorney’s name and office address.

A motion to withdraw a temporary-judge stipulation must be supported by facts establishing good cause, and an assertion that a ruling was erroneous does not establish good cause; the motion must be heard by the presiding judge or designee.

The stipulation must be submitted for approval to the presiding judge or the judge designated by the presiding judge.

Notice of the motion must be served and filed, and the moving party must provide a copy to the temporary judge.

The order designating the temporary judge must be signed by the presiding judge or the presiding judge's designee and refer to the stipulation.

The temporary judge must take and subscribe the oath of office and certify that he or she is aware of and will comply with applicable provisions of canon 6 of the Code of Judicial Ethics and the California Rules of Court.

All temporary judges requested by the parties and parties in proceedings before these temporary judges must comply with the applicable requirements of rule 2.400 concerning the filing and handling of documents and exhibits.

The application must state facts showing good cause for granting the application, and must be served on all parties and the temporary judge and filed with the court.

A temporary judge's statement may also include the address of a publicly accessible website with a current calendar of hearings that would be open to the public if held before a judge.

In each case in which he or she is appointed, a temporary judge requested by the parties must file a statement that provides the name, telephone number, and mailing address of a person who may be contacted to obtain information about the date, time, location, and general nature of all hearings and other proceedings scheduled in the matter that would be open to the public if held before a judge.

Each superior court must adopt a language access services complaint form and complaint procedures that are consistent with this rule.

The court should maintain information about each complaint and its disposition.

The court must report to the Judicial Council on an annual basis the number and kinds of complaints received, the resolution status of all complaints, and any additional information about complaints requested by Judicial Council staff to facilitate the monitoring of the Strategic Plan for Language Access in the California Courts.

Allow court users to specify whether the complaint relates to court interpreters, other staff, or local translations;

A complainant who disagrees with the outcome may submit a written statement to the Language Access Representative within 90 days after the court sends the outcome notice.

The court's response to any follow-up statement submitted by complainant after receipt of the notice of outcome will be the final action taken by the court on the complaint.

Within 60 days after receipt of the complaint, the court's Language Access Representative should conduct a preliminary review of every complaint to determine whether the complaint can be informally resolved or closed, or whether the complaint warrants additional investigation.

Language access complaints regarding local court services should be submitted to the court's designated Language Access Representative.

Be made available for free both in hard copy at the courthouse and online on the courts' website, where court users can complete the form online and then submit to the court by hand, postal mail, or e-mail; and

Language access complaints may be submitted orally or in other written formats; however, use of the court's local form is encouraged to ensure tracking and that complainants provide full information to the court.

Except where the complaint is submitted anonymously, the court must send the complainant notice of the outcome taken on the complaint.

Allow court users to submit complaints about how the court provided or failed to provide language services;

Except where the complaint is submitted anonymously, within 30 days after the complaint is received, the court's Language Access Representative must send the complainant a written acknowledgment that the court has received the complaint.

A complaint submitted to the improper entity must immediately be forwarded to the appropriate court, if that can be determined, or, where appropriate, to the Judicial Council.

Language access complaints may be submitted anonymously.

Court user complaints regarding denial of a court interpreter for a courtroom proceeding for pending cases should be given priority.

A follow-up statement should be brief, state the basis and reasons for disagreement, and explain why the outcome notice is disputed or inadequate.

If a complaint cannot be resolved through the preliminary review process within 60 days after receipt of the complaint, the court's Language Access Representative should inform the complainant (if identified) that the complaint warrants additional review.

Include the court's mailing address and an e-mail contact to show court users how they may submit a language access complaint;

On a request by the council in relation to allegations under investigation under the California Court Interpreter Credential Review Procedures, a California court is required to forward information to the council regarding a complaint or allegation of professional misconduct by a certified or registered court interpreter.

(D) A statement that the interpreter is not certified or registered to interpret in the language to be interpreted;

(6) A statement that the interpreter was administered the interpreter's oath or that he or she has an oath on file with the court.

(D) Whether a party has objected to the appointment of the proposed interpreter or has waived the appointment of a certified or registered interpreter.

(C) A finding, if applicable, that there is a necessity to appoint the interpreter beyond the time ordinarily allowed in (4); and

(A) The language to be interpreted;

(4) A statement that the interpreter's identification has been verified as required by statute;

(C) The name of the interpreter;

(A) If the relay interpreter is appointed as a provisional interpreter, the judicial officer must make the record required for all appointments of noncertified and nonregistered interpreters in (d)(2), must follow the rules for provisional qualification in (e)(2), and must make the record required in (e)(3).

(D) When an interpreter seeks a third or subsequent provisional qualification period after January 1, 2025, the judicial officer must find that the interpreter has made the efforts required in (C) or must indicate that good cause exists to appoint the interpreter in form INT-110’s Provisional Qualification Finding and Order of the Court.

(B) A finding that the interpreter has been provisionally qualified to interpret in the required language or languages, following procedures adopted by the Judicial Council (see forms INT-100-INFO and INT-110);

(B) A finding that good cause exists to appoint a noncertified or nonregistered interpreter;

(B) Good cause exists to appoint an interpreter who is not certified, registered, or provisionally qualified; and

(1) The language to be interpreted;

(ii) Whether they have made at least two attempts to pass a qualifying exam in the past two years, if such a qualifying exam exists. Interpreters, including relay interpreters, working in a language for which an Oral Proficiency Exam exists must attempt that exam.

(i) Whether they have completed the Judicial Council’s online self-paced court interpreter ethics training within the past two years; and

(2) The name of the interpreter;

(A) A finding that a certified or registered interpreter is not available and a statement that Certification of Unavailability of Certified or Registered Interpreter and Availability of Provisionally Qualified Interpreter (form INT-120) for the language to be interpreted is on file for this date with the court administrator;

(B) If the relay interpreter is appointed as a temporary interpreter, the judicial officer must make the record required for all appointments of noncertified and nonregistered interpreters in (d)(2) and the record required in (f)(2).

(5) A statement that the interpreter is certified or registered to interpret in the language to be interpreted; and

(A) A noncertified or nonregistered interpreter is provisionally qualified if a judicial officer of a superior court finds the noncertified or nonregistered interpreter to be provisionally qualified to interpret in a specific language or languages and signs the order allowing the interpreter to be considered for appointment on Provisional Qualification of Noncertified or Nonregistered Spoken Language Interpreter (form INT-110).

(A) The LEP person has been informed of their right to an interpreter and has waived the appointment of a certified or registered interpreter or an interpreter who could be provisionally qualified by the judicial officer in the proceeding, as provided in (e);

(F) A statement that the interpreter was administered the interpreter's oath.

(E) A finding that the interpreter is qualified to interpret in the proceeding as required in (e) or (f), with any other findings required under those subdivisions; and

(3) The interpreter's current certification or registration number;

(C) The interpreter is qualified to interpret that proceeding, following procedures adopted by the Judicial Council (see forms INT-100-INFO and INT-140).

(1) The appointment of certified and registered interpreters under Government Code section 71802, as required by the Judicial Council;

(2) The appointment of noncertified interpreters of languages designated under Government Code section 68562(a), and registered and nonregistered interpreters of nondesignated languages.

Each court must track all requests for language services and whether such services were provided. Tracking must include all requests for court interpreters in civil actions, as well as approvals and denials of such requests.

Each court must publish procedures for filing, processing, and responding to requests for interpreters consistent with the Strategic Plan for Language Access in the California Courts (adopted January 2015).

Each court must publish notice of these procedures in English and up to five other languages, based on local community needs.

The court may vacate submission only by issuing an order served on the parties stating reasons constituting good cause and providing for resubmission.

During any reported court proceeding, the clerk must keep a sequential list of all reporters working on the case, indicating the date the reporter worked and the reporter's name, business address, and Certified Shorthand Reporter license number.

The person making the transcript must execute a declaration under penalty of perjury that:

(1) That the person executing the certificate was designated by the court as monitor;

As soon as practicable after the close of each day's court proceedings, the monitor must execute a certificate for each reel recorded during the day, stating:

The monitor's certificate, the recorded reel, and the monitor's notes must be retained and safely stored by the clerk in a manner that will permit their convenient retrieval and use.

(A) Identifies the reel or reels transcribed, or the portions thereof, by reference to the numbers assigned thereto and, where only portions of a reel are transcribed, by reference to index numbers or other means of identifying the portion transcribed; and

(3) The date of the proceedings recorded on that reel;

If two or more persons acted as monitors during the recording of a single reel, each monitor must execute a certificate as to the portion of the reel that he or she monitored.

(5) That the recording equipment was functioning normally, and that all of the proceedings in open court between designated times of day were recorded, except for such matters as were expressly directed to be "off the record" or as otherwise specified.

(4) The titles and numbers of actions and proceedings, or portions thereof, recorded on the reel, and the general nature of the proceedings;

(2) The number or other identification assigned to the reel;

In a civil case without a stipulation and approval under (1), the appellant's directions filed with the clerk must indicate which portions of the oral proceedings are to be transcribed.

The certificate of a person other than a judge, clerk, or deputy clerk of the court must be in the form of an affidavit or declaration under penalty of perjury.

(B) States that the transcript is a full, true, and correct transcript of the identified reel or reels or the designated portions thereof.

Each trial court must adopt and post in the clerk's office a local policy enumerating the departments in which the services of official court reporters are normally available, and the departments in which the services of official court reporters are not normally available during regular court hours.

If a party requests the presence of an official court reporter and it appears that none will be available, the clerk must notify the party of that fact as soon as possible before the trial.

If the services of an official court reporter will not be available during a hearing on law and motion or other nontrial matters in civil cases, that fact must be noted on the court's official calendar.

Arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter, whom the court must appoint unless there is good cause shown to refuse to do so.

(A) The request should be made by filing a Request for Court Reporter by a Party with a Fee Waiver (form FW-020). If the requesting party has not been granted a fee waiver, a completed Request to Waive Court Fees (form FW-001 or form FW-001-GC in guardianship or conservator cases) must be filed at the same time as the request for court reporter.

The court must publish its policy in a newspaper if one is published in the county. Instead of publishing the policy, the court may: (A) Send each party a copy of the policy at least 10 days before any hearing is held in a case; or (B) Adopt the policy as a local rule.

(C) If the party has requested a court reporter for a trial, that request remains in effect if the trial is continued to a later date.

If the services of official court reporters are normally available in a department only for certain types of matters, those matters must be identified in the policy.

If the party has been granted a fee waiver, request that the court provide an official reporter for attendance at the proceedings. The court must provide an official reporter if the party has been granted a fee waiver and if the court is not electronically recording the hearing or trial.

If the services of official court reporters are normally available in all courtrooms, the clerk must notify the parties to a civil trial as soon as possible if it appears that those services will not be available.

Unless the court's policy states that all courtrooms normally have the services of official court reporters available for civil trials, the court must require that each party file a statement before the trial date indicating whether the party requests the presence of an official court reporter.

The application must demonstrate good cause for the exemption sought and must include either:

(B) An alternative plan that would advance the purposes of this rule to the extent possible, given the conditions in the county.

(A) A plan to fully comply with this rule by a specified date;

If the request is made in writing, under penalty of perjury, the jury commissioner must grant it without requiring the prospective juror to appear at court.

The prospective juror must support the request with facts specifying the hardship and a statement why the circumstances constituting the undue hardship cannot be avoided by deferring the prospective juror's service.

In any individual case, unless the person is aged 70 years or older, the prospective juror may be required to furnish verification or a method of verification of the disability or impairment, its probable duration, and the particular reasons for the person's inability to serve as a juror.

If the request to be excused is based on care provided to a sick, disabled, or infirm person, the prospective juror may be required to furnish verification or a method of verification that the person being cared for is in need of regular and personal care.

In the case of an incomplete application, the jury commissioner may require the applicant to furnish additional information in support of the request for permanent medical excuse.

A person who has received a permanent medical excuse from jury service under this rule may be reinstated to the rolls of potential jurors at any time by filing a signed, written request with the jury commissioner that the permanent medical excuse be withdrawn.

The jury commissioner must promptly inform the applicant in writing of the determination to grant or deny a permanent medical excuse request.

An applicant seeking a permanent medical excuse must submit a written request with a signed supporting letter, memo, or note on the provider’s letterhead stating that a permanent disability makes the person incapable of jury service.

If the request is denied, the jury commissioner must provide the applicant a written response with the reason for the denial.

A motion to set aside sanctions imposed by default may be made by completing and filing Juror's Motion to Set Aside Sanctions and Order (form JURY-010).

A motion to set aside sanctions imposed by default must contain a short and concise statement of the reasons the prospective juror was not able to attend when summoned for jury duty and any supporting documentation.

The trial judge must preserve and deliver to the clerk for inclusion in the record all written communications, formal or informal, received from the jury or from individual jurors or sent by the judge to the jury or individual jurors, from the time the jury is sworn until it is discharged.

The trial judge must ensure that the reporter, or any electronic recording system used instead of a reporter, records all oral communications, formal or informal, received from the jury or from individual jurors or communicated by the judge to the jury or individual jurors, from the time the jury is sworn until it is discharged.

If, for good cause, the trial judge orders that a transcript is not required.

In proceedings that are uncontested or in which the responding party does not appear, unless otherwise ordered by the trial judge;

An electronic recording provided to the court under this rule must be marked for identification.

Unless otherwise ordered by the trial judge, the court reporter need not take down the content of an electronic recording that is presented or offered into evidence.

If the court reporter takes down the content of all portions of the recording in (1) that were presented or offered into evidence, the party offering or presenting the recording is not required to provide a transcript of that recording under (2).

The transcript may be prepared by the party presenting or offering the recording into evidence; a certified transcript is not required.

At the time the recording is played, the party must identify on the record the page and line numbers where the testimony presented or offered appears in the transcript.

If the parties stipulate in writing or on the record that the sound portion of a sound-and-video recording does not contain any words that are relevant to the issues in the case; or

The transcript pages must be marked to identify the testimony that was presented or offered into evidence.

A transcript provided under (a)(2) or (b)(1) must be filed by the clerk.

Before a party may present or offer into evidence an electronic sound or sound-and-video recording of deposition or other prior testimony, the party must lodge a transcript of the deposition or prior testimony with the court.

Use of the Judicial Council instructions is strongly encouraged.

Whenever the latest edition of the Judicial Council jury instructions does not contain an instruction on a subject on which the trial judge determines that the jury should be instructed, or when a Judicial Council instruction cannot be modified to submit the issue properly, the instruction given on that subject should be accurate, brief, understandable, impartial, and free from argument.

If the latest edition of the jury instructions approved by the Judicial Council contains an instruction applicable to a case and the trial judge determines that the jury should be instructed on the subject, it is recommended that the judge use the Judicial Council instruction unless the judge finds that a different instruction would more accurately state the law and be understood by jurors.

In the index, approved jury instructions must be identified by their reference numbers and special jury instructions must be numbered consecutively.

Include the instruction number and title of the instruction at the top of the first page of the instruction; and

and an index listing all the proposed instructions.

Each set of proposed jury instructions must have a cover page, containing the caption of the case and stating the name of the party proposing the instructions

The index must contain a checklist that the court may use to indicate whether the instruction was: (A) Given as proposed; (B) Given as modified; (C) Refused; or (D) Withdrawn.

For each special instruction, a citation of authorities that support the instruction must be included at the bottom of the page. No citation is required for approved instructions.

All instructions submitted to the jury must be written in gender-neutral language.

If standard jury instructions (CALCRIM and CACI) are to be submitted to the jury, the court or, at the court's request, counsel must recast the instructions as necessary to ensure that gender-neutral language is used in each instruction.

The court may delay the effective date of the order relieving the attorney until proof of service of a copy of the signed order on the client has been filed with the court.

An application to be relieved as attorney on completion of limited scope representation under Code of Civil Procedure section 284(2) must be directed to the client and made on the Application to Be Relieved as Attorney on Completion of Limited Scope Representation (form CIV-151).

A party and an attorney may provide notice of their agreement to limited scope representation by serving and filing a Notice of Limited Scope Representation (form CIV-150).

If no objection is served and filed within 15 days after form CIV-151 is served on the client, the attorney must file an updated CIV-151 indicating no objection and a proposed order on form CIV-153.

The client must also be served with a blank Objection to Application to Be Relieved as Attorney on Completion of Limited Scope Representation (form CIV-152).

Notwithstanding rule 3.1362, an attorney may use this rule to request relief after completing the tasks in form CIV-150, if the attorney appeared as attorney of record and the client has not signed form MC-050.

(3) The tasks performed; and

(2) The time involved or other basis for billing;

In a civil proceeding, an attorney who contracts with a client to draft or assist in drafting legal documents, but not to make an appearance in the case, is not required to disclose within the text of the documents that he or she was involved in preparing the documents.

(4) The amount billed.

(1) The name of the attorney who assisted in the preparation of the documents;

A guardian or conservator, or a petitioner seeking such an appointment for a proposed ward or conservatee, must use form FW-002-GC for an initial fee-waiver application under rule 3.56.

An application for initial fee waiver under rules 3.55 and 7.5 by a probate guardian or probate conservator or a petitioner for the appointment of a probate guardian or probate conservator for the benefit of a (proposed) ward or conservatee, in the guardianship or conservatorship proceeding or in a civil action or proceeding in which the guardian or conservator is a party on behalf of the ward or conservatee, must be made on Request to Waive Court Fees (Ward or Conservatee) (form FW-001-GC).

An application for initial fee waiver under rule 3.55 must be made on Request to Waive Court Fees (form FW-001).

An application for initial fee waiver under rule 3.56 must be made on Request to Waive Additional Court Fees (Superior Court) (form FW-002).

An order granting a fee waiver must be accompanied by a blank form FW-010 when the application is not for a proposed ward or conservatee.

For an initial fee waiver determination after a trial court hearing, the order must use form FW-008 when the application is not for a proposed ward or conservatee.

The trial court must consider and determine the application as required by Government Code sections 68634 and 68635.

When an application is denied without a hearing because its information conclusively establishes that the applicant is ineligible, the order must be accompanied by a blank form FW-006 if the application is not for a proposed ward or conservatee.

For an initial fee waiver determination without a hearing, the order must use form FW-003 when the application is not for a proposed ward or conservatee, except as provided in (6) below.

If an initial fee-waiver application is deemed granted, the clerk must prepare the FW-005 notice, or the FW-005-GC notice if the application benefits a (proposed) ward or conservatee.

Any person seeking access to an application or financial information provided to the court by an applicant must make the request by noticed motion, supported by a declaration showing good cause regarding why the confidential information should be released.

A party proceeding under an initial fee waiver must specify with particularity the documents to be included in the clerk's transcript on appeal;

"NOTICE: If you are unable to pay fees and costs, you may ask the court to permit you to proceed without paying them. Ask the clerk for the Information Sheet on Waiver of Superior Court Fees and Costs or Information Sheet on Waiver of Court Fees and Costs for Appeal or Writ Proceedings and the Request to Waive Court Fees."

Each trial court must post in a conspicuous place near the filing window or counter a notice, 81/2 by 11 inches or larger, advising litigants in English and Spanish that they may ask the court to waive court fees and costs.

The application must be accompanied by a declaration showing why service has not been completed, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed.

Civil Case Cover Sheet (form CM-010) must be filed in each civil action or proceeding, except those filed in small claims court or filed under the Probate Code, Family Code, or Welfare and Institutions Code.

The first paper filed in an action or proceeding must be accompanied by a case cover sheet as required in (b).

The cover sheet must be on a form prescribed by the Judicial Council and must be filed in addition to any cover sheet required by local court rule.

(4) An ADR stipulation form that parties may use to stipulate to the use of an ADR process.

(1) General information about the potential advantages and disadvantages of ADR and descriptions of the principal ADR processes.

Judicial Council staff have prepared model language that the courts may use to provide this information.

This information may take the form of a list of the applicable programs or directions for contacting the county's DRPA coordinator.

A court may make the ADR information package available on its Web site as long as paper copies are also made available in the clerk's office.

(3) In counties that are participating in the Dispute Resolution Programs Act (DRPA), information about the availability of local dispute resolution programs funded under the DRPA.

In all general civil cases, each court must make an ADR information package available to the plaintiff when the complaint is filed.

(2) Information about the ADR programs available in that court, including citations to any applicable local court rules and directions for contacting any court staff responsible for providing parties with assistance regarding ADR.

"Service is being made under Code of Civil Procedure section 1011(b) on a party whose residence address is unknown." [Name of party whose residence address is unknown] [Case name and number]

(2) Identify the case that has the earliest filing date and the court and department in which that case is pending; and

(1) List all civil cases that are related by court, case name, case number, and filing date;

(3) Describe the manner in which the cases are related.

The response must state why one or more of the cases listed in the notice are not related or why other good cause exists for the court not to transfer the cases to or from a particular court or department.

(B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first;

(A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case;

An order granting or denying all or part of a motion to consolidate must be filed in each case sought to be consolidated.

(C) Be filed in each case sought to be consolidated.

(C) Must have a proof of service filed as part of the motion.

Unless otherwise provided in the order granting the motion to consolidate, the lowest numbered case in the consolidated case is the lead case.

(A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record;

If the motion is granted for all purposes including trial, any subsequent document must be filed only in the lead case.

All documents filed in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of all of the other consolidated cases.

the Civil Case Cover Sheet (form CM-010) marked to indicate that the action is a complex case.

(2) Indicate that the request is for “Comprehensive groundwater adjudication assignment under Code of Civil Procedure section 838(a)(1).”

(1) Submit a request for judicial assignment to the Temporary Assigned Judges Program;

(6) The calendar of the courts;

(2) Whether the common question of fact or law is predominating and significant to the litigation;

(4) The relative development of the actions and the work product of counsel;

(1) The actions are not complex;

(8) The likelihood of settlement of the actions without further litigation should coordination be denied.

(3) The convenience of the parties, witnesses, and counsel;

(5) The efficient utilization of judicial facilities and staff resources;

(3) The moving party has notified all parties of their obligation to disclose to the court any information they may have concerning any other motions requesting transfer of any case that would be affected by the granting of the motion before the court.

(7) The disadvantages of duplicative and inconsistent rulings, orders, or judgments; and

(2) The moving party has made a good-faith effort to obtain agreement to the transfer and consolidation from all parties to the actions; and

If the actions to be coordinated are within the jurisdiction of more than one reviewing court, the coordination motion judge must select and the order granting a petition for coordination must specify, in accordance with Code of Civil Procedure section 404.2, the court having appellate jurisdiction of the coordinated actions.

The papers listed in (a) are to be submitted by the party that filed or submitted and served the papers or that was directed to give notice of entry of the order.

Notice of submission must be filed with the court as part of the proof of service.

(10) Order of remand;

(4) Order assigning coordination trial judge, if made by a presiding judge;

(6) Response in opposition to or in support of a petition for coordination;

(9) Order granting or denying coordination, including coordination of add-on cases;

(12) Order terminating a coordination proceeding in whole or in part;

(15) Notice of disposition of appeal.

(2) Notice of submission of petition for coordination, along with the caption page of the original action;

(11) Order of transfer;

(13) Order dismissing an included or coordinated action;

(8) Notice of hearing on petition;

(3) Order assigning coordination motion judge, if made by a presiding judge;

(14) Notice of appeal; and

(7) Motion for a stay order;

(5) Notice of opposition;

(1) Petition for coordination, including a petition for coordination of add-on cases;

(1) When a document to be submitted electronically requires a signature under penalty of perjury, the document is deemed signed by the declarant if, before submission, the declarant has signed a printed form of the document.

If a document does not require a signature under penalty of perjury, the document is deemed signed by the party if the document is submitted electronically.

(2) By electronically submitting the document, the party submitting it indicates that he or she has complied with subdivision (d)(1) of this rule and that the original, signed document is available for review and copying at the request of the court or any party.

(1) List all known pending related cases;

(3) Be supported by a memorandum and by declarations establishing the facts relied on to show that a stay order is necessary and appropriate to effectuate the purposes of coordination.

(2) State whether the stay order should extend to any such related case; and

A motion filed in the trial court under this rule must specify the matters required by rule 3.521(a) and must be made in the manner provided by law for motions in civil actions generally.

If permission to submit a petition is granted, the moving party must serve and file the signed order and submit it to the Chair of the Judicial Council.

The proposed order must state that the moving party has permission to submit a petition for coordination to the Chair of the Judicial Council under rules 3.521-3.523.

If a direct petition is not authorized by Code of Civil Procedure section 404, a party may request permission from the presiding judge of the court in which one of the included actions is pending to submit a petition for coordination to the Chair of the Judicial Council.

The request must be made by noticed motion accompanied by a proposed order.

(5) The complete title and case number of any other action known to the petitioner to be pending in a court of this state that shares a common question of fact or law with the included actions, and a statement of the reasons for not including the other action in the petition for coordination or a statement that the petitioner knows of no other actions sharing a common question of fact or law;

Within five court days after submitting the petition, the petitioner must submit to the Chair proof of filing the notice of submission required by rule 3.522.

(8) The facts relied on in support of a request that a particular site or sites be selected for a hearing on the petition for coordination.

(4) For each included action, the complete title and case number, the date the complaint was filed, and the title of the court in which the action is pending;

(2) The names of the parties to all included actions, and the name and address of each party's attorney of record, if any;

A request to determine whether coordination is appropriate, including a request concerning an add-on case, must be designated “Petition for Coordination.”

(6) The status of each included action, including the status of any pretrial or discovery motions or orders in that action, if known to petitioner;

(7) The facts relied on to show that each included action meets the coordination standards specified in Code of Civil Procedure section 404.1; and

(3) If the party seeking to submit a petition for coordination is a plaintiff, whether the party's attorney has served the summons and complaint on all parties in all included actions in which the attorney has appeared;

The petition must state whether a hearing is requested and must be supported by a memorandum and declarations showing:

(1) The name of each petitioner or, when the petition is submitted by a presiding or sole judge, the name of each real party in interest, and the name and address of each party's attorney of record, if any;

In lieu of proof by declaration of any fact required by (a)(2), (4), (7), and (8), a certified or endorsed copy of the respective pleadings may be attached to the petition for coordination, provided that the petitioner specifies with particularity the portions of the pleadings that are relied on to show the fact.

The petitioner must submit the notice and proof of filing in each included action to the Chair of the Judicial Council within five court days of submitting the petition for coordination.

(2) The name and address of the petitioner's attorney of record;

(4) The statement that any written opposition to the petition must be submitted and served at least nine court days before the hearing date.

(3) The title and case number of each included action to which the petitioner is a party and the title of the court in which each action is pending; and

(1) The date that the petition for coordination was submitted to the Chair of the Judicial Council;

Each notice must bear the title of the court in which the notice is to be filed and the title and case number of each included action that is pending in that court.

In each included action, the petitioner must file a "Notice of Submission of Petition for Coordination" and the petition for coordination.

(1) The special title and number assigned to the coordination proceeding; and

(2) The court's address or electronic service address for submitting all subsequent documents to be considered by the coordination motion judge.

If a party that supports coordination does not support the particular site or sites requested by the petitioner for the hearing on the petition for coordination, that party may request that a different site or sites be selected and include in his or her response the facts relied on in support thereof.

Any party to an included action that supports coordination may serve and submit a written statement in support of the petition.

If the petition for coordination has not been decided within 30 calendar days after the hearing, the coordination motion judge must promptly submit to the Chair of the Judicial Council a written report describing:

(1) The present status of the petition for coordination proceeding;

(2) Any factors or circumstances that may have caused undue or unanticipated delay in the decision on the petition for coordination; and

(3) Any stay orders that are in effect.

If a petition for coordination is granted, the coordination motion judge must, in the order granting coordination, recommend to the Chair of the Judicial Council a particular superior court for the site of the coordination proceedings.

The party must submit notice to the coordination motion judge and the Chair of the Judicial Council and serve it on each party appearing in the included actions in the pending petition and each party appearing in the potential add-on cases.

The petitioner must promptly file the order in each included action, serve it on each party appearing in an included action, and submit a copy to the Chair of the Judicial Council.

The coordination trial judge's order must specify that the request to coordinate an add-on case is either granted or denied.

The petitioner must file the assignment order in each coordinated action.

The order assigning a coordination trial judge must designate an address for submission of papers to that judge.

Every paper filed in a coordinated action must be accompanied by proof of submission of a copy of the paper to the coordination trial judge at the designated address.

A transfer order must designate the transferee court, direct that a copy be filed in each coordinated action, and indicate whether the action remains part of the coordination proceedings.

An application for an order staying the add-on case must be made to the coordination trial judge under rule 3.515.

Thereafter, within 15 days after submitting a notice of opposition, the party must serve and submit a memorandum and declarations in opposition to the request.

A request to coordinate an add-on case must comply with the requirements of rules 3.520 through 3.523, except that the request must be submitted to the coordination trial judge under Code of Civil Procedure section 404.4, with proof of service of one copy on the Chair of the Judicial Council and proof of service as required by rule 3.510.

An order granting or denying a request to coordinate an add-on case must be prepared under rule 3.529.

(c) Judgment in coordinated action The judgment entered in each coordinated action must bear the title and case number assigned to the action at the time it was filed and also identify, in the caption, the superior court in which the action was originally filed.

The coordination attorney must assign each coordination proceeding a special title and coordination proceeding number.

A register of all coordination proceedings and a file for each proceeding, for public inspection during regular business hours at the San Francisco office of the Judicial Council.

A list of active and retired judges who are qualified and currently available to conduct coordination proceedings;

Thereafter all papers in that proceeding must bear that title and number.

(2) Contractual arbitration under Code of Civil Procedure section 1281.4;

(1) An order of a federal court or a higher state court;

If that party fails to do so, any other party in the action who has knowledge of the termination or modification of the stay must serve and file a notice of termination or modification of stay.

The notice must state whether the case is stayed with regard to all parties or only certain parties.

(3) Arbitration of attorney fees and costs under Business and Professions Code section 6201; or

If the person who requested or caused the stay has not appeared, or is not subject to the jurisdiction of the court, the plaintiff must immediately file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed.

The party who requested or caused a stay of a proceeding must immediately serve and file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed.

If it is stayed with regard to only certain parties, the notice must specifically identify those parties.

(4) Automatic stay caused by a filing in another court, including a federal bankruptcy court.

The notice must also state the reason that the case is stayed.

(A) Place the phrase "Telephone Appearance" below the title of the moving, opposing, or reply papers;

(B) At least two court days before the appearance, notify the court and all other parties of the party's intent to appear by telephone. If the notice is oral, it must be given either in person or by telephone. If the notice is in writing, it must be given by filing a "Notice of Intent to Appear by Telephone" with the court at least two court days before the appearance and by serving the notice by any means authorized by law and reasonably calculated to ensure delivery to the parties at least two court days before the appearance.

(A) Place the phrase "Telephone Appearance" below the title of the application papers;

Except as ordered by the court under (f)(2) and subject to (h), applicants seeking an ex parte order may appear by telephone provided that the moving papers have been filed and a proposed order submitted by at least 10:00 a.m. two court days before the ex parte appearance and, if required by local rule, copies have been provided directly to the department in which the matter is to be considered.

This stipulation may be made orally during a court proceeding or in writing filed with the court.

(A) Posts notice of the adoption of the new or amended rule prominently on the court's website, along with a copy of the rule and the effective date of the new or amended rule;

Notice to the court must be given by filing a Notice of Remote Appearance (form RA-010).

(A) A requirement that notice of intent to appear remotely be given to the court and to all parties or persons entitled to receive notice of the proceedings;

(B) A clear description of the amount of notice required; and

The notice to the court may be given orally or in writing by filing Notice of Remote Appearance (form RA-010).

The notice should include information regarding in which departments, types of proceedings, or types of cases the court has the technological capability to allow remote appearances, and the vendors or platforms that must be used, including whether there are limitations to using them concurrently.

By local rule providing that certain evidentiary hearings or trials are to be held remotely, so long as the court procedure includes a process for self-represented parties to agree to their remote appearance and for parties to show why remote appearances or testimony should not be allowed.

Notice must be given either orally during a court proceeding or by service on all other parties or persons who are entitled to receive notice of the proceedings and filing with the court a Notice of Remote Appearance (form RA-010).

(C) Provides a copy of the rule to the Judicial Council.

The court must publish notice online providing parties with the information necessary to appear remotely at proceedings in that court under this rule.

(B) Distributes the rule to the organizations identified in rule 10.613(g)(2) on or before the effective date of the new rule or amendment; and

(C) For evidentiary hearing and trials, an opportunity for parties to oppose the remote proceedings.

(iii) If required by local rule, a party must ensure a copy of any opposition is received in the department in which the proceeding is to be held.

If a vendor requests, the party must transmit a copy of the order granting the fee waiver to the vendor.

By filing a Notice of Remote Appearance (form RA-010) and providing notice to the other parties in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least five court days before the proceeding.

If required by local rule, a party must ensure a copy of any written notice filed under (A) or (B) is received in the department in which the proceeding is to be held.

(2) If local procedures include written notice, any mandatory Judicial Council forms must be used.

At any time during a case, all parties to an action may stipulate to waive notice of any other participants' remote appearance.

A party may use Notice of Remote Appearance (form RA-010) to provide proof to the court that notice to other parties was given.

Each court must adopt local rules on differential case management consistent with the rules and standard identified in this provision.

The court must include the alternative procedures in its local rules.

Parties must use the mandatory Case Management Statement (form CM-110). All applicable items on the form must be completed.

If all parties agree to use an alternative dispute resolution (ADR) process, they must jointly complete the ADR stipulation form provided for under rule 3.221 and file it with the court.

(14) If the trial date has not been previously set, the date by which the case will be ready for trial and the available trial dates;

(12) Whether the case is entitled to any statutory preference and, if so, the statute granting the preference;

(6) Whether the parties have stipulated to, or the case should be referred to, judicial arbitration in courts having a judicial arbitration program or to any other form of alternative dispute resolution (ADR) process and, if so, the date by which the judicial arbitration or other ADR process must be completed;

(2) Whether all parties named in the complaint or cross-complaint have been served, have appeared, or have been dismissed;

(7) Whether an early settlement conference should be scheduled and, if so, on what date;

(9) What discovery issues are anticipated;

(8) Whether discovery has been completed and, if not, the date by which it will be completed;

(13) Whether a jury trial is demanded, and, if so, the identity of each party requesting a jury trial;

(5) Whether any other matters (e.g., the bankruptcy of a party) may affect the court's jurisdiction or processing of the case;

(19) Whether there are any insurance coverage issues that may affect the resolution of the case; and

(18) Any additional relief sought;

(16) The nature of the injuries;

(20) Any other matters that should be considered by the court or addressed in its case management order.

(1) Whether there are any related cases;

(11) Whether there are any cross-complaints that are not ready to be set for trial and, if so, whether they should be severed;

(4) Whether, if the case is a limited civil case, the economic litigation procedures under Code of Civil Procedure section 90 et seq. will apply to it or the party intends to bring a motion to exempt the case from these procedures;

(17) The amount of damages, including any special or punitive damages;

(10) Whether the case should be bifurcated or a hearing should be set for a motion to bifurcate under Code of Civil Procedure section 598;

(3) Whether any additional parties may be added or the pleadings may be amended;

(15) The estimated length of trial;

The court must enter a case management order setting a schedule for subsequent proceedings and otherwise providing for the management of the case.

If a case meets the collections-case definition in (a), the plaintiff must mark form CM-010 to identify it as a collections case under rule 3.740.

The court may order counsel to meet privately before the initial case management conference to discuss the items specified in (a) and to prepare a joint statement of matters agreed upon, matters on which the court must rule at the conference, and a description of the major legal and factual issues involved in the litigation.

The complaint in a class action must contain a separate heading entitled "CLASS ACTION ALLEGATIONS," under which the plaintiff describes how the requirements for class certification are met.

A complaint for or against a class party must include in the caption the designation "CLASS ACTION." This designation must be in capital letters on the first page of the complaint, immediately below the case number but above the description of the nature of the complaint.

Within 10 calendar days after receipt of the notice, the plaintiff must serve a copy on each named party who has not appeared in the action and must file a declaration of service.

Under subdivision (c), the plaintiff must file a declaration of service after serving the court's notice on all parties served in the action.

If the plaintiff is unable to serve any party, the plaintiff must file a declaration stating the reasons for failure of service.

The documents in support of a motion for class certification consist of the notice of motion; a memorandum; evidence in support of the motion in the form of declarations of counsel, class representatives, or other appropriate declarants; and any requests for judicial notice.

The documents in opposition to the motion consist of the opposing party's memorandum; the opposing party's evidence in opposition to the motion, including any declarations of counsel or other appropriate declarants; and any requests for judicial notice.

The parties should endeavor to resolve any uncontroverted issues by written stipulation before the hearing.

An order certifying, amending, or modifying a class must contain a description of the class and any subclasses.

The class proponent must submit a statement regarding class notice and a proposed notice to class members.

(5) If cost shifting or sharing is proposed under subdivision (4), an estimate of the cost involved in giving notice.

(7) The res judicata effect on class members.

The content of the class notice is subject to court approval.

(1) Whether notice to class members is necessary;

(5) The parties responsible for the cost of notice.

(4) The cost of notifying class members;

(2) Whether class members may exclude themselves from the action;

Upon certification of a class, or as soon thereafter as practicable, the court must make an order determining:

(2) A statement that the court will exclude the member from the class if the member so requests by a specified date;

(2) The type of relief requested;

(3) The time and manner of notice;

(4) The content of the notice; and

(1) A brief explanation of the case, including the basic contentions or denials of the parties;

(5) The resources of the parties;

(4) A statement that the judgment, whether favorable or not, will bind all members who do not request exclusion; and

(1) Whether notice is necessary;

(1) The interests of the class;

(4) A proposal for which parties should bear the costs of notice; and,

(5) A statement that any member who does not request exclusion may, if the member so desires, enter an appearance through counsel.

(3) The time and manner in which notice should be given;

(3) A procedure for the member to follow in requesting exclusion from the class;

(3) The stake of the individual class members;

(6) The possible prejudice to class members who do not receive notice; and

If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to the class; and any other matters deemed necessary for the proper conduct of a settlement hearing.

The notice must contain an explanation of the proposed settlement and procedures for class members to follow in filing written objections to it and in arranging to appear at the settlement hearing and state any objections to the proposed settlement.

The settlement agreement and proposed notice to class members must be filed with the motion, and the proposed order must be lodged with the motion.

The judgment must include a provision for the retention of the court's jurisdiction over the parties to enforce the terms of the judgment.

Any agreement, express or implied, that has been entered into with respect to the payment of attorney's fees or the submission of an application for the approval of attorney's fees must be set forth in full in any application for approval of the dismissal or settlement of an action that has been certified as a class action.

Requests for dismissal must be accompanied by a declaration setting forth the facts on which the party relies. The declaration must clearly state whether consideration, direct or indirect, is being given for the dismissal and must describe the consideration in detail.

The judgment in an action maintained as a class action must include and describe those whom the court finds to be members of the class.

(2) Certifies that he or she is aware of and will comply with applicable provisions of canon 6 of the Code of Judicial Ethics and these rules;

(3) Files an oath or affirmation to justly try all matters submitted to him or her.

If the second arbitrator selected declines to serve or if the arbitrator does not complete the hearing within 90 days after the date of the assignment of the case to him or her, including any time due to continuances granted under rule 3.818, the administrator must certify the case to the court.

The selected person completes a written consent to serve and the oath required of panel arbitrators under these rules;

Each side has 10 days from the date on which the list was sent to file a rejection, in writing, of no more than one name on the list; if there are two or more parties on a side, they must join in the rejection of a single name.

Both the consent and the oath are attached to the stipulation.

The arbitrator’s written notice to each party and the administrator must state the arbitration hearing’s time, date, and place.

The arbitrator’s fee statement must identify the cause, any arbitration hearing date, and the filing date of the award, notice of settlement, or request for dismissal.

In the event of a default by defendant, the arbitrator must require the plaintiff to submit such evidence as may be appropriate for the making of an award.

(A) They are made by declaration under penalty of perjury;

(ii) A copy of the receipted bill showing the items of repair made and the amount paid.

(i) A statement indicating whether or not the property was repaired, and, if it was, whether the estimated repairs were made in full or in part; and

It is the duty of the party requesting the subpoena to modify the form of subpoena so as to show that the appearance is before an arbitrator and to give the time and place set for the arbitration hearing.

The award must be in writing and signed by the arbitrator. It must determine all issues properly raised by the pleadings, including a determination of any damages and an award of costs if appropriate.

The arbitrator is not required to make findings of fact or conclusions of law.

If the request is for dismissal of the entire case, it must include the signatures of all parties.

The clerk must execute a certificate of service for the notice of entry of judgment and place it in the court’s case file.

The Request for Dismissal must be fully completed.

If the request is for dismissal as to all parties to the arbitration, it must include the signatures of all those parties.

The mediator's completed form ADR-100 must not disclose the terms of any agreement or any other communications or conduct that occurred in the course of the mediation, except as allowed in Evidence Code sections 1115-1128.

When a mediator is required to report the status or result of mediation to the court, the mediator must use form ADR-100.

Before commencing the mediation, the mediator must disclose to the parties in writing any fees, costs, or charges to be paid to the mediator by the parties.

The mediator must agree, in each mediation to which these rules apply under rule 3.851(a), that if an inquiry or a complaint is made about the conduct of the mediator, mediation communications may be disclosed solely for purposes of a complaint procedure conducted pursuant to rule 3.865 to address that complaint or inquiry.

In each mediation covered by rule 3.851(a), the mediator must request an attendance sheet from all participants listing their names, mailing addresses, and telephone numbers.

The presiding judge must designate a person who is knowledgeable about mediation to serve as the complaint coordinator.

Each court to which this article applies under rule 3.865 must establish a complaint procedure by local rule of court that is consistent with this article.

(1) The court must send the complainant notice of the final action taken by the court on the complaint.

(2) If the complaint was not closed during the preliminary review, the court must send notice of the final action to the mediator.

The complaint coordinator must send the complainant a written acknowledgment that the court has received the complaint.

The mediator may request that each party submit a short mediation statement providing information about the issues in dispute and possible resolutions of those issues and other information or documents that may appear helpful to resolve the dispute.

The list must include the names of all parties, attorneys, representatives of a party that is not a natural person, insurance representatives, and other persons who will attend the mediation with or on behalf of that party.

The completed form ADR-100 must not disclose the terms of any agreement or any other communications or conduct that occurred in the course of the mediation, except as allowed in Evidence Code sections 1115-1128.

The mediator must complete and file a Statement of Agreement or Nonagreement on form ADR-100.

Each court must make available educational material, adopted by the Judicial Council, or from other sources, describing available ADR processes in the community.

(4) If the applicant is requesting or the parties have stipulated to the appointment of a particular referee, be accompanied by the proposed referee's certification as required by rule 3.904(a); and

A written stipulation or motion for an order appointing a referee under Code of Civil Procedure section 638 must be presented to the judge to whom the case is assigned, or to the presiding judge or law and motion department if the case has not been assigned.

(2) State whether the referee will be privately compensated;

(1) Clearly state whether the scope of the requested reference includes all issues or is limited to specified issues;

(3) If authorization to use court facilities or court personnel is requested, describe the use requested and state the reasons that this would further the interests of justice;

(5) Be accompanied by a proposed order that includes the matters specified in rule 3.902.

(2) Whether the scope of the reference covers all issues or is limited to specified issues;

(4) Whether the use of court facilities and court personnel is authorized.

An order appointing a referee under Code of Civil Procedure section 638 must be filed with the clerk or entered in the minutes and must specify:

(1) The name, business address, and telephone number of the referee and, if he or she is a member of the State Bar, the referee's State Bar number;

(3) Whether the referee will be privately compensated; and

Within the disclosure deadline, the referee must disclose to the parties significant current or past personal or professional relationships with a party, attorney, or law firm in the case, including the specified details of privately compensated proceedings and services.

(1) The referee must certify in writing that he or she consents to serve as provided in the order of appointment and is aware of and will comply with applicable provisions of canon 6 of the Code of Judicial Ethics and with the California Rules of Court;

(2) The referee's certification must be filed with the court.

(1) Any matter subject to disclosure under either canon 6D(5)(a) or 6D(5)(b) of the Code of Judicial Ethics; and

If the motion is granted, the case must be transferred to the trial court docket.

The motion must be heard by the judge to whom the case is assigned or by the presiding judge or law and motion judge.

The issuance of an order for an appropriate hearing site under rule 3.931(c).

A declaration that a ruling is based on an error of fact or law.

A motion to withdraw a stipulation for the appointment of a referee must be supported by a declaration of facts establishing good cause for permitting the party to withdraw the stipulation.

Notice of the motion must be served on all parties and the referee and filed with the court.

The motion must specify the matter or matters to be included in the requested reference.

If the applicant is requesting the appointment of a particular referee, the motion must be accompanied by the proposed referee's certification as required by rule 3.924(a).

One or more parties has established an economic inability to pay a pro rata share of the referee's fees and another party has agreed voluntarily to pay that additional share of the referee's fees.

The order must specify whether the referee is appointed under paragraph (1), (2), (3), (4), or (5) of subdivision (a) of section 639 and:

If the referee is appointed under section 639(a)(1)-(a)(4), the order must state the reason the referee is being appointed.

The order must specify the subject matter or matters included in the reference.

The order must state the name, business address, and telephone number of the referee and, if he or she is a member of the State Bar, the referee's State Bar number.

Specify the maximum hourly rate the referee may charge and, if any party so requests, the maximum number of hours for which the referee may charge;

No party has established an economic inability to pay a pro rata share of the referee's fee; or

If the referee is appointed under section 639(a)(5) to hear and determine discovery motions and disputes relevant to discovery, the order must state whether the discovery referee is appointed for all purposes or only for limited purposes.

must address the matters set forth in (b) through (g).

The order must specify the extent, if any, to which court facilities and court personnel may be used in connection with the reference.

If the referee is appointed under section 639(a)(5) to hear and determine discovery motions and disputes relevant to discovery, the order must state the exceptional circumstances of the particular case that require the reference.

Include a finding that either:

If the referee is appointed under section 639(a)(5) to hear and determine discovery motions and disputes relevant to discovery, the order must state that the referee is authorized to set the date, time, and place for all hearings determined by the referee to be necessary; direct the issuance of subpoenas; preside over hearings; take evidence; and rule on objections, motions, and other requests made during the course of the hearing.

The referee must certify in writing that he or she consents to serve as provided in the order of appointment and is aware of and will comply with applicable provisions of canon 6 of the Code of Judicial Ethics and with the California Rules of Court; and

Any significant personal or professional relationship the referee has or has had with a party, attorney, or law firm in the current case, including the number and nature of any other proceedings in the past 24 months in which the referee has been privately compensated by a party, attorney, law firm, or insurance company in the current case for any services. The disclosure must include privately compensated service as an attorney, expert witness, or consultant or as a judge, referee, arbitrator, mediator, settlement facilitator, or other alternative dispute resolution neutral.

The referee's certification must be filed with the court.

Any matter subject to disclosure under subdivisions (D)(5)(a) and (D)(5)(b) of canon 6 of the Code of Judicial Ethics;

All referees and parties in proceedings before a referee appointed under Code of Civil Procedure section 638 or 639 must comply with the applicable requirements of rule 2.400 concerning the filing and handling of documents and exhibits.

In addition to the information required under (1), the referee may include a publicly accessible website address for a current calendar of hearings that would be open to the public if held before a judge.

In each case in which he or she is appointed, a referee must file a statement that provides the name, telephone number, e-mail address, and mailing address of a person who may be contacted to obtain information about the date, time, location, and general nature of all hearings scheduled in matters pending before the referee that would be open to the public if held before a judge.

The clerk must post the information from the statement filed by the referee in the court facility.

The application must state facts showing good cause for granting the application, must be served on all parties and the referee, and filed with the court.

(3) The set number being propounded or responded to;

(2) The identity of the responding party;

(1) The identity of the propounding, demanding, or requesting party;

Each supplemental or further response and each amended answer must be identified by the same number or letter and be in the same sequence as the corresponding interrogatory, inspection demand, or admission request, but the text of the interrogatory, demand, or request need not be repeated.

(4) The nature of the paper.

The notification, which must specifically identify the matter ruled on, may be given by serving electronically or mailing the parties a copy of the ruling, order, or judgment, and it constitutes service of notice only if the clerk is required to give notice under Code of Civil Procedure section 664.5.

In a case involving more than two parties, a clerk's notification made under this rule, or any notice of a ruling or order served by a party, must name the moving party, and the party against whom relief was requested, and specifically identify the particular motion or other matter ruled upon.

(4) The trial date, if set.

(1) An index of exhibits must be provided. The index must briefly describe the exhibit and identify the exhibit number or letter and page number.

(1) The date, time, and location, if ascertainable, of any scheduled hearing and the name of the hearing judge, if ascertainable;

Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.

Exhibits written in a foreign language must be accompanied by an English translation, certified under oath by a qualified interpreter.

A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.

(3) The date of filing of the action; and

(2) The nature or title of any attached document other than an exhibit;

In addition to the requirements of this rule, a motion relating to the subjects specified in chapter 6 of this division must comply with any additional requirements in that chapter.

(2) Name the parties to whom it is addressed;

Other papers may be filed in support of a motion, including declarations, exhibits, appendices, and other documents or pleadings.

Notwithstanding (a), a motion in limine filed before or during trial need not be accompanied by a notice of hearing.

(2) The motion itself;

The papers filed under (a) and (b) may either be filed as separate documents or combined in one or more documents if the party filing a combined pleading specifies these items separately in the caption of the combined pleading.

(4) If a pleading is challenged, state the specific portion challenged.

(1) Identify the party or parties bringing the motion;

(3) Briefly state the basis for the motion and the relief sought; and

(1) A notice of hearing on the motion;

(3) A memorandum in support of the motion or demurrer.

The application must state reasons why the argument cannot be made within the stated limit.

To the extent practicable, all supporting memorandums and declarations must be attached to the notice of motion.

A memorandum that exceeds 15 pages must also include an opening summary of argument.

If a proposed order or judgment is submitted, it must be lodged and served with the moving papers but must not be attached to them.

A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum.

If a California case is cited before the time it is published in the advance sheets of the Official Reports, the party must include the title, case number, date of decision, and, if from the Court of Appeal, district of the Court of Appeal in which the case was decided.

A memorandum that exceeds 10 pages must include a table of contents and a table of authorities.

A judge may require that a copy of that case must be lodged.

Any request for judicial notice must be made in a separate document listing the specific items for which notice is requested and must comply with rule 3.1306(c).

A judge may require that if any authority other than California cases, statutes, constitutional provisions, or state or local rules is cited, a copy of the authority must be lodged with the papers that cite the authority.

The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.

(10) Petition of employer for injunction prohibiting workplace violence;

(2) Application for an order extending time to serve pleading;

(11) Petition for order prohibiting abuse (transitional housing);

(1) Application for appointment of guardian ad litem in a civil case;

Notwithstanding (a), if it would further the interests of justice, a party may submit, or the court may order the submission of, a memorandum in support of any motion, application, or petition.

(13) Petition for withdrawal of funds from blocked account.

(7) Petition for injunction prohibiting harassment;

(9) Petition for order to prevent postsecondary school violence;

(3) Motion to be relieved as counsel;

(12) Petition to approve compromise of claim of a minor or a person with a disability; and

(8) Petition for protective order to prevent elder or dependent adult abuse;

(6) Petition for declaration of emancipation of minor;

(4) Motion filed in small claims case;

The memorandum must comply with rule 3.1113.

(5) Petition for change of name or gender;

The caption of a declaration must state the name of the declarant and must specifically identify the motion or other proceeding that it supports or opposes.

The first page of any deposition used as an exhibit must state the name of the deponent and the date of the deposition.

An original bond or undertaking may be withdrawn from the files and delivered to the party by whom it was filed on order of the court only if all parties interested in the obligation so stipulate, or upon a showing that the purpose for which it was filed has been abandoned without any liability having been incurred.

An officer of the court or member of the State Bar may not act as a surety.

(3) The bond or undertaking has been executed under penalty of perjury as provided in Code of Civil Procedure section 995.630, or the fact of execution of the bond or undertaking by the officer or agent of the corporation purporting to become surety has been duly acknowledged before an officer of this state authorized to take and certify acknowledgements.

(2) There is filed in the office of the clerk a copy, duly certified by the proper authority, of the transcript or record of appointment entitling or authorizing the person or persons purporting to execute the bond or undertaking for and in behalf of the corporation to act in the premises; and

(1) The Insurance Commissioner has certified the corporation as being admitted to do business in the state as a surety insurer;

A request for a stay of a suspension of a driving license must be accompanied by a copy of the petitioner's driving record from the Department of Motor Vehicles.

The moving party must provide a file-stamped copy of the complaint to the judge who will hear the application.

Notwithstanding rule 3.1312, whenever an application for a preliminary injunction is granted, a proposed order must be presented to the judge for signature, with an undertaking in the amount ordered, within one court day after the granting of the application or within the time ordered.

If an application for a TRO or an OSC is made in an existing case, the moving party must request that the court file be made available to the judge hearing the application.

The OSC must describe the injunction to be sought at the hearing.

A proposed OSC must contain blank spaces for the time and manner of service on responding parties, the date on which the proof of service must be delivered to the court hearing the OSC, a briefing schedule, and, if applicable, the expiration date of the TRO.

If the action is initiated the same day a TRO or an OSC is sought, the complaint must be filed first.

An application for a TRO or an OSC must state whether there has been any previous application for similar relief and, if so, the result of the application.

An OSC must be used when a temporary restraining order (TRO) is sought, or if the party against whom the preliminary injunction is sought has not appeared in the action.

Applications for ex parte temporary restraining orders are governed by the ex parte rules in chapter 4 of this division.

The TRO must describe the activities to be enjoined pending the hearing.

A petition for an injunction to limit picketing, restrain real property encroachments, or protect easements must depict by drawings, plot plans, photographs, or other appropriate means, or must describe in detail the premises involved, including, if applicable, the length and width of the frontage on a street or alley, the width of sidewalks, and the number, size, and location of entrances.

Unless ordered by the court, no memorandum is required in support of or in opposition to a request for a protective order.

The response to a request for a protective order may be written or oral, or both.

When confidentiality is granted, the order must specifically identify the minor-related information in form CH-100 and any other applicable document that must remain confidential.

a. The order (form CH-179) granting the release of confidential information must be prepared in a manner consistent with the procedures outlined in (f).

(B) The minor or person making the request for confidentiality and any person who has been served with a notice of confidentiality must submit a copy of the order of confidentiality (form CH-165) in any other civil case with the same parties.

After a confidentiality order is made, a party seeking to file a document or form must attach form CH-175 to its front.

(2) Submission of request The person submitting a request must complete and file Request to Keep Minor's Information Confidential (form CH-160), a confidential form.

Any person or entity may request release of confidential information by filing form CH-176 and a proposed form CH-179 with the court.

(4) If the property is a part of the plant, equipment, or stock in trade of any business, the nature and approximate size or extent of the business and facts sufficient to show whether the taking of the property by a receiver would stop or seriously interfere with the operation of the business.

(3) The use being made of the property by the persons in possession; and

(2) The names, addresses, and telephone numbers of the persons in actual possession of the property for which a receiver is requested, or of the president, manager, or principal agent of any corporation in possession of the property;

If any of the matters listed above are unknown to the applicant and cannot be ascertained by the exercise of due diligence, the applicant's declaration or verified complaint must fully state the matters unknown and the efforts made to acquire the information.

(1) The nature of the emergency and the reasons irreparable injury would be suffered by the applicant during the time necessary for a hearing on notice;

Whenever a receiver is appointed without notice, the matter must be made returnable upon an order to show cause why the appointment should not be confirmed.

At the hearing of an application for appointment of a receiver on notice or at the hearing for confirmation of an ex parte appointment, each party appearing may, at the time of the hearing, suggest in writing one or more persons for appointment or substitution as receiver, stating the reasons. A party's suggestion is without prejudice to its objection to the appointment or confirmation of a receiver.

At the hearing of an application for appointment of a receiver on notice or ex parte, the applicant must, and other parties may, propose and state the reasons for the specific amounts of the undertakings required from (1) the applicant by Code of Civil Procedure section 529, (2) the applicant by Code of Civil Procedure section 566(b), and (3) the receiver by Code of Civil Procedure section 567(b), for any injunction that is ordered in or with the order appointing a receiver.

(3) That the attorney is not the attorney for, associated with, nor employed by an attorney for any party.

(1) The necessity for the employment;

(2) The name of the attorney whom the receiver proposes to employ; and

A receiver must not employ an attorney without the approval of the court.

The receiver’s inventory must contain a complete and detailed list of all property taken into possession by virtue of the appointment.

The receiver must promptly file a supplementary inventory of all subsequently obtained property.

(B) A breakdown of the services by 1/10 hour increments;

(3) A statement of all fees paid to the receiver, employees, and professionals showing:

The receiver must provide monthly reports to the parties and, if requested, to nonparty client lien holders.

The monthly reports are not to be filed with the court unless the court so orders.

(1) A narrative report of events;

(D) If the fees are on another basis, that basis.

(2) A financial report; and

(A) Itemized services;

(C) If the fees are hourly, the hourly fees; and

must be specific

(1) A final account and report;

If any allowance of compensation for the receiver or for an attorney employed by the receiver is claimed in an account, it must state in detail what services have been performed by the receiver or the attorney and whether previous allowances have been made to the receiver or attorney and the amounts.

No memorandum needs to be submitted in support of the motion or stipulation served and filed under (a) unless the court so orders.

(2) A request for the discharge;

(3) A request for exoneration of the receiver's surety.

(1) An application containing the case caption and stating the relief requested;

(5) A proposed order.

(3) A declaration based on personal knowledge of the notice given under rule 3.1204;

(4) A memorandum; and

(2) A declaration in support of the application making the factual showing required under rule 3.1202(c);

An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.

An ex parte application must state the name, address, e-mail address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, e-mail address, and telephone number of the party if known to the applicant.

If an ex parte application has been refused in whole or in part, any subsequent application of the same character or for the same relief, although made upon an alleged different state of facts, must include a full disclosure of all previous applications and of the court's actions.

(2) Attempt to determine whether the opposing party will appear to oppose the application.

(1) The notice given, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected and that, within the applicable time under rule 3.1203, the applicant informed the opposing party where and when the application would be made;

(1) State with specificity the nature of the relief to be requested and the date, time, and place for the presentation of the application; and

(2) In unlawful detainer proceedings, why the notice given is reasonable.

(1) The exceptional circumstances that justify the shorter notice; or

(2) That the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or

(3) That, for reasons specified, the applicant should not be required to inform the opposing party.

If the court, in its discretion, refuses to consider a late filed paper, the minutes or order must so indicate.

Material lodged physically with the clerk must be accompanied by an addressed envelope with sufficient postage for mailing the material.

Material lodged electronically must clearly specify the electronic address to which a notice of deletion may be sent.

Specify in writing the part of the court file sought to be judicially noticed;

A party seeking permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement stating the nature and extent of the evidence proposed to be introduced and a reasonable time estimate for the hearing.

A court that follows one of the procedures described in (a) must so state in its local rules.

The tentative ruling may also note any issues on which the court wishes the parties to provide further argument.

The tentative ruling may note any issues on which the court wishes the parties to provide further argument at the hearing.

The tentative ruling, or such other ruling as the court may render, will not become the final ruling of the court until the hearing.

If the court desires oral argument, the tentative ruling must so direct.

The local rule must specify the method for obtaining the tentative rulings and the time by which the rulings will be available.

The rules must also provide a procedure by which a party may obtain a reporter or a recording of the proceedings in order to provide an official verbatim transcript.

A court that does not regularly provide for reporting or electronic recording of hearings on motions must so state in its local rules.

If a proposed order is submitted to the court electronically in a case in which the parties are electronically filing documents under rules 2.250-2.261, two versions of the proposed order must be submitted:

(1) A version of the proposed order must be attached to a completed Proposed Order (Cover Sheet) (form EFS-020), and the combined document in Portable Document Format (PDF) must be filed electronically;

If the prevailing party fails to prepare and submit a proposed order as required by (a) and (b) above, any other party may do so.

This rule does not apply if the motion was unopposed and a proposed order was submitted with the moving papers, unless otherwise ordered by the court.

The prevailing party must, upon expiration of the five-day period provided for approval, promptly transmit the proposed order to the court together with a summary of any responses of the other parties or a statement that no responses were received.

A motion to dismiss the entire action and for entry of judgment after expiration of the time to amend following the sustaining of a demurrer may be made by ex parte application to the court under Code of Civil Procedure section 581(f)(2).

A demurrer must state, on the first page immediately below the number of the case, the name of the party filing the demurrer and the name of the party whose pleading is the subject of the demurrer.

Each ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint, cross-complaint, or answer, or to specified causes of action or defenses.

A party filing a demurrer must serve and file therewith a notice of hearing that must specify a hearing date in accordance with the provisions of Code of Civil Procedure section 1005 and, if service is by electronic means, in accordance with the requirements of Code of Civil Procedure section 1010.6(a)(4) and rule 2.251(h)(2).

If an amended pleading is filed after the time allowed, an order striking the amended pleading must be obtained by noticed motion under Code of Civil Procedure section 1010.

A notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense.

A separate declaration must accompany the motion and must specify:

(3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.

(3) When the facts giving rise to the amended allegations were discovered; and

(1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments;

(1) The effect of the amendment;

(4) The reasons why the request for amendment was not made earlier.

The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it.

(2) Why the amendment is necessary and proper;

(2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located;

A petition to compel arbitration or to stay proceedings pursuant to Code of Civil Procedure sections 1281.2 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration. The provisions must be stated verbatim or a copy must be physically or electronically attached to the petition and incorporated by reference.

A party seeking to advance, specially set, or reset a case for trial must make this request by noticed motion or ex parte application under the rules in chapter 4 of this division.

(2) Notice of the settlement is filed with the court as provided in rule 3.1385.

The party may, with the memorandum, serve and file a declaration stating facts in support of the motion.

Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement.

(1) When no response has been provided to the request for discovery; or

(2) When a court has allowed the moving party to submit-in place of a separate statement-a concise outline of the discovery request and each response in dispute.

(2) To compel further responses to interrogatories;

Material must not be incorporated into the separate statement by reference.

(5) To compel or to quash the production of documents or tangible things at a deposition;

(1) The text of the request, interrogatory, question, or inspection demand;

(7) For issue or evidentiary sanctions.

(1) To compel further responses to requests for admission;

(2) The text of each response, answer, or objection, and any further responses or answers;

When a response or the reasons for seeking a further response depend on another discovery response, the separate statement must set forth the other request and its response.

(6) For medical examination over objection; and

(6) If the pleadings, other documents in the file, or other items of discovery are relevant to the motion, the party relying on them must summarize each relevant document.

A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue.

The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response.

(4) To compel answers at a deposition;

(4) If necessary, the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it;

(3) To compel further responses to a demand for inspection of documents or tangible things;

A motion concerning interrogatories, inspection demands, or admission requests must identify the interrogatories, demands, or requests by set and number.

(3) A statement of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute;

Citation to the evidence in support of each material fact must include reference to the exhibit, title, page, and line numbers.

Request for judicial notice in support of [moving party's] motion for summary judgment or summary adjudication or both (if appropriate).

Each cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion; and

Evidence in support of [moving party's] motion for summary judgment or summary adjudication or both; and

Under this subdivision, a party is not required to create an electronic version or any new version of any document for the purpose of transmission to the requesting party.

[Opposing party's] memorandum in opposition to [moving party's] motion for summary judgment or summary adjudication or both;

Each fact must be followed by the evidence that establishes the fact.

On request, a party must within three days provide to any other party or the court an electronic version of its separate statement.

Notice of motion by [moving party] for summary judgment or summary adjudication or both;

If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in support of the summary judgment motion.

If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.

Each supporting material fact claimed to be without dispute with respect to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion.

[Opposing party's] request for judicial notice in opposition to [moving party's] motion for summary judgment or summary adjudication or both (if appropriate).

The separate statement should include only material facts and not any facts that are not pertinent to the disposition of the motion.

[Opposing party's] separate statement in opposition to [moving party's] motion for summary judgment or summary adjudication or both;

Citation to the evidence in support of the position that a fact is controverted must include reference to the exhibit, title, page, and line numbers.

The statement must state in numerical sequence the undisputed material facts in the first column followed by the evidence that establishes those undisputed facts in that same column.

On the right side of the page, directly opposite the recitation of the moving party's statement of material facts and supporting evidence, the response must unequivocally state whether that fact is "disputed" or "undisputed."

Separate statement of undisputed material facts in support of [moving party's] motion for summary judgment or summary adjudication or both;

If the parties are unable to agree on the form, the responding party must provide to the requesting party the electronic version of the separate statement that it used to prepare the document filed with the court.

Memorandum in support of [moving party's] motion for summary judgment or summary adjudication or both;

Each material fact claimed by the moving party to be undisputed must be set out verbatim on the left side of the page, below which must be set out the evidence said by the moving party to establish that fact, complete with the moving party's references to exhibits.

If the opposing party contends that additional material facts are pertinent to the disposition of the motion, those facts must be set forth in the separate statement.

[Opposing party's] evidence in opposition to [moving party's] motion for summary judgment or summary adjudication or both (if appropriate); and

An opposing party who contends that a fact is disputed must state, on the right side of the page directly opposite the fact in dispute, the nature of the dispute and describe the evidence that supports the position that the fact is controverted.

(1) Submit objections in writing under rule 3.1354;

(2) Make arrangements for a court reporter to be present at the hearing.

(4) State the grounds for each objection to that statement or material.

Objections to specific evidence must be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion, but the objections must not be restated or reargued in the separate statement.

The proposed order must include places for the court to indicate whether it has sustained or overruled each objection.

A party submitting written objections to evidence must submit with the objections a proposed order.

(1) Identify the name of the document in which the specific material objected to is located;

Each written objection must be numbered consecutively and must:

(2) State the exhibit, title, page, and line number of the material objected to;

(3) Quote or set forth the objectionable statement or material; and

It must also include a place for the signature of the judge.

A motion that a lien be granted on a cause of action, right to relief, or judgment must be accompanied by an authenticated record of the judgment on which the judgment creditor relies and a declaration as to the identity of the party involved and the amount due.

Notwithstanding any other rule of court, no memorandum is required to be filed or served with a motion to be relieved as counsel.

The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known.

(1) If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either: (A) The service address is the current residence or business address of the client; or (B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

The declaration must state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).

A motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and use form MC-051.

The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil (form MC-052).

The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil (form MC-053) and must be lodged with the court with the moving papers.

If no hearing date is presently scheduled, the court may set one and specify the date in the order.

(2) If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.

A petition for declaration of the emancipation of a minor must comply with rule 5.605.

Unless ordered by the court, no memorandum is required in support of or opposition to a petition for relief.

(2) An itemization of economic and noneconomic damages by each plaintiff;

(3) A good faith offer of settlement by each defendant; and

(4) A statement identifying and discussing in detail all facts and law pertinent to the issues of liability and damages involved in the case as to that party.

The settlement conference statement must comply with any additional requirement imposed by local rule.

(1) A good faith settlement demand;

The notice of motion or application for determination of good faith settlement must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed.

A motion or application for determination of good faith settlement may include a request to dismiss a pleading or a portion of a pleading.

A petition for court approval of a compromise or covenant not to sue under Code of Civil Procedure section 372 must comply with rules 7.950 or 7.950.5, 7.951, and 7.952.

An order for the deposit of funds of a minor or a person with a disability, and a petition for the withdrawal of such funds, must comply with rules 7.953 and 7.954.

If the settlement agreement conditions dismissal of the entire case on the satisfactory completion of specified terms that are not to be performed within 45 days of the settlement, including payment in installment payments, the notice of conditional settlement served and filed by each plaintiff or other party seeking affirmative relief must specify the date by which the dismissal is to be filed.

If a party who has served and filed a notice of settlement under (a) determines that the case cannot be dismissed within the prescribed 45 days, that party must serve and file a notice and a supporting declaration advising the court of that party's inability to dismiss the case within the prescribed time, showing good cause for its inability to do so, and proposing an alternative date for dismissal.

optional requests for pretrial statements identifying trial witnesses and exhibits

An objection to the opt-out request must use the Objection to Request to Opt Out of Mandatory Expedited Jury Trial Procedures, form EJT-004.

Parties seeking to opt out of mandatory expedited jury trial procedures on grounds stated in Code of Civil Procedure section 630.20(b) must file a Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-003).

optional case questionnaires

The parties may use Agreement of Parties (Mandatory Expedited Jury Trial Procedures) (form EJT-018) and the attachment (form EJT-022A) to describe such agreements.

(ii) A minor, an incompetent person, or a person for whom a conservator has been appointed; or

(A) Upon agreement of the parties;

(12) Agreements concerning numbers of jurors required for jury verdicts in cases with fewer than eight jurors.

(1) Unless the court otherwise allows, to be eligible to participate in a voluntary expedited jury trial, the parties must submit to the court, no later than 30 days before any assigned trial date, a proposed consent order granting an expedited jury trial.

(6) Any agreements about what constitutes necessary or relevant evidence for a particular factual determination;

(8) Agreements about admissibility of video or written depositions and declarations;

(3) Modification of statutory or rule provisions regarding exchange of expert witness information and presentation of testimony by such witnesses;

(4) Allocation of the time periods stated in rule 3.1550 including how arguments and cross-examination may be used by each party in the five-hour time frame;

(5) Any evidentiary matters agreed to by the parties, including any stipulations or admissions regarding factual matters;

In addition to complying with the provisions of Code of Civil Procedure section 630.03(e), the proposed consent order may include other agreements of the parties, including the following:

(2) Limitations on the number of witnesses per party, including expert witnesses;

(i) A self-represented litigant, or

(1) Modifications of the requirements or timelines for pretrial submissions required by rule 3.1548;

(11) Agreements concerning the time frame for filing and serving motions in limine; and

(2) The parties may enter into written stipulations regarding any high/low agreements or other matters.

(9) Agreements about any other evidentiary issues or the application of any of the rules of evidence;

(C) If necessary for entry or enforcement of the judgment.

(7) Agreements about admissibility of particular exhibits or demonstrative evidence that are presented without the legally required authentication or foundation;

(10) Agreements to use photographs, diagrams, slides, electronic presentations, overhead projections, notebooks of exhibits, or other methods for presenting information to the jury;

If there are no objections at that time, counsel must stipulate in writing to the admissibility of the evidence.

Parties are encouraged to submit a joint form questionnaire to be used with prospective jurors to help expedite the voir dire process.

Whenever a party desires special findings by a jury, the party must, before argument, unless otherwise ordered, present to the judge in writing the issues or questions of fact on which the findings are requested, in proper form for submission to the jury, and serve copies on all other parties.

State that it is the court's proposed statement of decision, subject to a party's objection under (g);

Order a party to prepare a statement of decision; or

Indicate that the court will prepare a statement of decision;

The principal controverted issues must be specified in the request.

the judge trying the final issue must prepare the proposed judgment.

must, when requested under Code of Civil Procedure section 632, issue a statement of decision as prescribed in rule 3.1590

the judge conducting the separate trial must announce the tentative decision on the issue so tried

but the court must not prepare any proposed judgment until the other issues are tried, except when an interlocutory judgment or a separate judgment may otherwise be properly entered at that time.

each judge must perform all acts required by rule 3.1590 as to the issues tried by that judge

A party seeking a default judgment who claims costs must request costs on the Request for Entry of Default (Application to Enter Default) (form CIV-100) at the time of applying for the judgment.

This agreement must be confirmed in writing, specify the extended date for service, and be filed with the clerk.

Unless objection is made to the entire cost memorandum, the motion to strike or tax costs must refer to each item objected to by the same number and appear in the same order as the corresponding cost item claimed on the memorandum of costs and must state why the item is objectionable.

The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.

If a party is entitled to statutory or contractual attorney's fees that are fixed without the necessity of a court determination, the fees must be claimed in the memorandum of costs.

(4) A memorandum of costs and disbursements;

(6) A proposed form of judgment;

(9) A request for attorney fees if allowed by statute or by the agreement of the parties.

A party seeking a default judgment on declarations must use form CIV-100 unless the action is subject to the Fair Debt Buying Practices Act, in which case form CIV-105 is mandatory.

(1) Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff's claim;

(7) A dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment;

(3) Interest computations as necessary;

(5) A declaration of nonmilitary status for each defendant against whom judgment is sought;

(2) Declarations or other admissible evidence in support of the judgment requested;

(8) Exhibits as necessary; and

In an unlawful detainer case, a party may, in addition, use optional Declaration for Default Judgment by Court (form UD-116) when seeking a court judgment based on declarations.

The clerk must include in the judgment any interest awarded by the court.

A public entity electing to pay a judgment against it by periodic payments under Government Code section 984 must serve and file a notice of election stipulating to the terms of such payments, or a notice of hearing on such terms

The court must make an order for periodic payments at the hearing.

In all cases in which judgment is rendered upon a written obligation to pay money, the clerk must, at the time of entry of judgment, unless otherwise ordered, note over the clerk's official signature and across the face of the writing the fact of rendition of judgment with the date of the judgment and the title of the court and the case.

A copy of the application for renewal of judgment must be physically or electronically attached to the notice of renewal of judgment required by Code of Civil Procedure section 683.160.

A judgment creditor who files Notice of Motion and Motion to Require Examination—Consumer Debt (form EJ-146) to move the court to require the judgment debtor to appear for examination, as provided in Code of Civil Procedure section 708.111(d), must physically or electronically attach a copy of the judgment debtor’s Financial Statement—Consumer Debt (form EJ-144) to the motion.

A claimant who is required to file a declaration of compliance with the fictitious business name laws under Code of Civil Procedure section 116.430 must file the declaration in each case filed.

If specific property is referred to in the judgment, whether it be personal or real, tangible or intangible, the property must be identified with sufficient detail to permit efficient implementation or enforcement of the judgment.

A detailed index must appear at the beginning of the administrative record and identify each record document and included exhibit or appendix with the specified details and order.

A court may require each party filing a brief to prepare and lodge an appendix of excerpts that contains the documents or pages of the record cited in that party's brief.

The list of documents in (1) is not intended to limit the content of the administrative record, which is prescribed in Public Resources Code section 21167.6(e).

(1) a court may require the party to lodge one copy of the record in paper format,

The party preparing the administrative record must lodge it with the court and serve it on each party.

The cover of each volume must contain the information required in rule 2.111, be prominently entitled "ADMINISTRATIVE RECORD," and state the volume number and the page numbers included in the volume.

In addition to other applicable requirements, the petition must state one of the four specified bases for the project being subject to this rule.

(4) If an environmental leadership transit project, provide notice that the project applicant must make the payments required by rule 3.2240 and, if the matter goes to the Court of Appeal, the payments required by rule 8.705; and

(5) Be verified.

(1) On the first page, directly below the case number, indicate that the matter is a "Streamlined CEQA Project";

If the petition concerns one of the listed project types, it must notify the person or entity that applied for certification that it must make payments required by rule 3.2240 and, if the matter goes to the Court of Appeal, rule 8.705.

The joint case management conference statement must address the issues identified in (c) and any other pertinent issues.

(4) Within 5 days after the respondent's brief is filed, the parties must jointly file an appendix of excerpts that contain the documents or pertinent excerpts of the documents cited in the parties' briefs.

(1) Within 5 days after filing its brief, each party must submit an electronic version of the brief that contains hyperlinks to material cited in the brief, including electronically searchable copies of the administrative record, cited decisions, and any other brief in the case filed electronically by the parties. Such briefs must comply with any local requirements of the reviewing court relating to e-briefs.

The court must include a written statement of the factual and legal basis for its decision.

In cases governed by this chapter, unless the court orders otherwise, the parties satisfy the referenced procedures by addressing settlement and narrowing issues in the case management conference statement and discussing them at the conference.

On de novo review, if the court finds that the agency failed to establish the person’s specified gang status by clear and convincing evidence, it must order the agency to remove the person’s name from the database.

The person filing the petition or the law enforcement agency may request oral argument or inform the court that they do not want to participate in oral argument.

The agency may serve and file an argument explaining why the specified record establishes the person’s qualifying gang status by clear and convincing evidence.

A petition filed by an attorney need not be on form MC-1000.

(iv) Include the name, mailing address, telephone number, fax number (if available), e-mail address (if available), and California State Bar number (if applicable) of the attorney or other person filing the record on behalf of the law enforcement agency.

(C) If an argument refers to something in the record, it must provide the page number of the record where that thing appears or, if the record has not yet been filed, the page number of the relevant document.

an argument must not refer to any evidence that is not in the record.

(ii) Clearly indicate if the record includes any documents that are confidential under Welfare and Institutions Code section 827 or have been sealed;

(ii) If the law enforcement agency did not provide written verification responding to the person's request under Penal Code section 186.34 within 30 days of submission of the request, a copy of the request and written documentation submitted to the law enforcement agency contesting the designation.

The petition must attach the agency’s written denial verification if one was received, including the child’s name when a parent or guardian filed the request for a child under 18.

(i) Clearly identify it as the record in the case;

or the court may order the law enforcement agency to remove the name of the person from the shared gang database.

The court will use this as the name, mailing address, telephone number, fax number, and e-mail address of record for the agency unless the agency informs the court otherwise in writing.

(iii) State the title and court number of the case; and

nothing may be attached to an argument

Any petition that is not on form MC-1000 must contain the information specified in form MC-1000 and must bear the name "Petition for Review of Denial of Request to Remove Name From Gang Database."

For a petition seeking review of an agency’s denial, form MC-1000 must be used except as provided in (i) and (ii).

For good cause the court may also accept a petition from a nonattorney that is not on form MC-1000.

The record is limited to the documents required by Penal Code section 186.35(c).

The petitioner may include an argument in the petition or separately serve and file one explaining why, based on the specified record, the agency failed to establish the person’s qualifying gang status by clear and convincing evidence.

(iii) Include the name, mailing address, telephone number, fax number (if available), e-mail address (if available), and California State Bar number (if applicable) of the attorney or other person filing the argument.

(i) Clearly identify it as the argument of the person filing the petition or of the law enforcement agency;

(ii) State the title and, if assigned, court number of the case; and

(C) If the record contains any documents that are part of a juvenile case file or are confidential under Welfare and Institutions Code section 827 or have been sealed, the law enforcement agency must include a coversheet that states "Confidential Filing-Juvenile Case File Enclosed."

After adopting a countywide bail and penalty schedule, the court must send a copy by mail or email to the Judicial Council as soon as practicable, accompanied by a report explaining how the schedule differs from the applicable uniform schedule.

A law enforcement agency using an electronic citation device to issue citations on form TR-135 or TR-145 must submit to the Judicial Council an exact printed copy of its current citation form, compliant with the most recent Judicial Council instructions.

A notice to appear for a nontraffic infraction or misdemeanor, prepared on one of the specified forms and compliant with the current Judicial Council instructions, may be filed with the court and serve as a complaint as provided in Penal Code section 853.9 or 959.1.

The website for each trial court must include a link to the traffic self-help information posted at: http://www.courts.ca.gov/selfhelp-traffic.htm.

Courts must inform defendants of the option to appear in court without the deposit of bail in any instructions or other materials courts provide for the public that relate to bail for infractions, including any website information, written instructions, courtesy notices, and forms.

Before a court may notify the DMV under Vehicle Code sections 40509(b) or 40509.5(b) that a defendant has failed to pay a fine or an installment of bail, the court must provide the defendant with notice of and an opportunity to be heard on the inability to pay.

This notice may be provided on the notice required in rule 4.107, the civil assessment notice, or any other notice provided to the defendant.

(1) A notice of a civil assessment under section 1214.1(b) must inform the defendant of his or her right to petition that the civil assessment be vacated for good cause and must include information about the process for vacating or reducing the assessment.

(5) Notice that a traffic violator school will charge a fee in addition to the administrative fee charged by the court, if applicable;

(1) Each court must send a reminder notice to the address shown on the Notice to Appear, or an alternate address of which the defendant notifies the court.

(1) An appearance date and location;

(3) The total bail amount and payment options; including procedures for requesting installment plans, community service, and an ability-to-pay determination;

(2) Whether a court appearance is mandatory or optional;

(4) The notice about traffic school required under Vehicle Code section 42007, if applicable;

(6) The potential consequences for failure to appear, including a civil assessment of up to $100, a new charge for failure to appear, a warrant of arrest, or some combination of these consequences, if applicable;

By providing an electronic address or number to the court or to a law enforcement officer at the time of signing the promise to appear, a defendant consents to receiving the reminder notice electronically at that electronic address or number.

(2) The court may satisfy the requirement in (1) by sending the notice electronically, including by email or text message, to the defendant.

(9) Correction requirements and procedures for correctable violations.

(3) If the court cannot comply with (1) because the defendant does not have a valid mailing address or with (2) because the court does not have the necessary information or the technological capability to send reminder notices electronically, the court need not send a reminder notice.

(8) Information regarding trial by declaration, informal trial (if available), and telephone or website scheduling options (if available); and

(7) Contact information for the court, including the court's website;

(A) Agreement to Pay and Forfeit Bail in Installments (form TR-300); and Online Agreement to Pay and Forfeit Bail in Installments (form TR-300 (online)); and

(B) Agreement to Pay Traffic Violator School Fees in Installments (form TR-310); and Online Agreement to Pay Traffic Violator School Fees in Installments (form TR-310 (online)).

(2) Forms TR-300 (online) and TR-310 (online) may be used only in online interfaces for installment payment agreements as provided in subdivision (a).

Before an installment payment agreement is entered through an online interface, the interface must provide defendants the specified Advisement of Rights.

Unless otherwise ordered or specifically provided by law, a memorandum must accompany each pretrial motion.

If the court determines that certification to the juvenile court is appropriate under (b), copies of the certification, the accusatory pleading, and any police reports must immediately be transmitted to the clerk of the juvenile court.

(1) The crime with which the person named is charged;

(4) The date of suspension of criminal proceedings; and

(3) The date of birth of the person;

(5) The date and time of certification to juvenile court.

(2) That the person was under the age of 18 on the date of the alleged offense;

If the court appoints counsel under this subdivision, it must state on the record the basis for finding counsel qualified.

When the court appoints counsel to a capital case, the court must complete form CR-190, Order Appointing Counsel in Capital Case.

Counsel must comply with the requirements of rule 2.1040 regarding electronic recordings presented or offered into evidence, including any such recordings that are part of a digital or electronic presentation.

(C) A list of all motions made by that party during the pretrial proceedings, including ex parte motions. Capital Case Attorney List of Motions (form CR-603) must be used for this purpose. The list must indicate if a motion is awaiting resolution.

A separate list of Penal Code section 987.9 appearances must be maintained under seal for each defendant.

(B) A list of all exhibits offered by that party during the pretrial proceedings. Capital Case Attorney List of Exhibits (form CR-602) must be used for this purpose. The list must indicate whether the exhibit was admitted in evidence, refused, lodged, or withdrawn.

Counsel are encouraged to keep a copy of this checklist.

(A) A list of all appearances made by that party during the pretrial proceedings. Capital Case Attorney List of Appearances (form CR-601) must be used for this purpose. The list must include all appearances, including ex parte appearances; the date of each appearance; the department in which it was made; the name of counsel making the appearance; and a brief description of the nature of the appearance.

Within 10 days of counsel's first appearance in court, primary counsel for each defendant and the prosecution must each acknowledge that they have reviewed Capital Case Attorney Pretrial Checklist (form CR-600) by signing and submitting this form to the court.

(1) A brief statement of the examiner’s training and previous experience as it relates to examining the competence of a criminal defendant to stand trial and preparing a resulting report;

(B) Treatment with antipsychotic or other medication is necessary to restore the defendant to competency; and

(C) The defendant has capacity to make decisions regarding antipsychotic medication;

A court-appointed expert or experts must examine the defendant, review the records provided, and, in a report filed with the court and made available to counsel for the defendant and the prosecution, opine as to whether the defendant is currently competent to stand trial.

(7) An opinion as to whether the defendant is eligible for mental health diversion under section 1001.36, and a statement as to whether symptoms of the mental health disorder or disorders that motivated the defendant’s behavior would respond to mental health treatment. This opinion must be provided in a misdemeanor case or upon request by the defense in a felony case;

(8) An opinion as to whether cause exists to suspect that the defendant may have a developmental disability, with an explanation; and

(5) A summary of any assessment—which may include test results—into whether the defendant is malingering or feigning symptoms;

(4) An analysis of all current diagnoses under the most recent version of the Diagnostic and Statistical Manual of Mental Disorders applicable to the defendant, based on the available records and evaluation;

(3) A detailed analysis of the competence of the defendant to stand trial using California’s current legal standard, including the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental health disorder;

(9) An opinion based on present clinical impressions and available historical data as to whether the defendant, regardless of custody status, appears to be gravely disabled, as defined in Welfare and Institutions Code section 5008(h)(1)(A).

(A) There is a substantial likelihood that the defendant will attain competency in the foreseeable future, with consideration as to the possible benefits of treatment with antipsychotic medication, if within the scope of the expert’s licensure;

(2) A summary of the examination conducted by the examiner on the defendant, including statements made by the defendant during that examination, and a list of the records, digital media, and other information reviewed and considered by the examiner;

(3) The court’s findings on the defendant’s mental competency must be stated on the record and recorded in the minutes.

A motion for change of venue in a criminal case under Penal Code section 1033 must be supported by a declaration stating the facts supporting the application.

(3) Enter the order for change of venue in the minutes of the transferring court. The order must include the determinations in (1).

If, during the trial, any original papers or pleadings are submitted to the receiving court, the receiving court is to file the original.

After sentencing, all original papers and pleadings are to be retained by the transferring court.

If it is necessary to have any of the original pleadings or other papers before the receiving court, the transferring court must transmit such papers or pleadings.

Any required court order or approval of costs also should be sent to the transferring court.

The declaration should describe the cost and state that it was incurred because of the change of venue case.

No expense should be submitted for reimbursement without supporting documentation, such as a claim, invoice, bill, statement, or time sheet.

In unusual circumstances, a declaration under penalty of perjury may be necessary.

(4) Officer's Declaration (form TR-235)

(6) Request for New Trial (Trial de Novo) (form TR-220)

(5) Decision and Notice of Decision (form TR-215)

(3) Notice and Instructions to Arresting Officer (form TR-210)

If the clerk receives the defendant's Request for Trial by Written Declaration (form TR-205) and bail by the due date, the clerk must deliver or mail to the arresting officer's agency Notice and Instructions to Arresting Officer (form TR-210) and Officer's Declaration (form TR-235) with a copy of the Notice to Appear and a specified return date for receiving the officer's declaration.

In trials by written declaration under Vehicle Code section 40902, the defendant must file form TR-205 by the appearance date or the extended due date, in addition to a written request unless the request was made on the election form.

(1) Instructions to Defendant (form TR-200)

(7) Order and Notice to Defendant of New Trial (Trial de Novo) (form TR-225)

(2) Request for Trial by Written Declaration (form TR-205)

In trials by written declaration under Vehicle Code section 40902, a timely request for a new trial must be made using Request for New Trial (Trial de Novo) form TR-220.

Primary counsel must provide the clerk with copies of any audio or visual aids not otherwise subject to the requirements of (e) that are used during jury selection or in presentations to the jury, including digital or electronic presentations.

If a visual aid is oversized, a photograph of that visual aid must be provided in place of the original.

Within 10 days of counsel's first appearance in court, primary counsel for each defendant and the prosecution must each acknowledge that they have reviewed Capital Case Attorney Trial Checklist (form CR-605) by signing and submitting this form to the court.

A list of all appearances made by that party. Capital Case Attorney List of Appearances (form CR-601) must be used for this purpose. The list must include all appearances, including ex parte appearances, the date of each appearance, the department in which it was made, the name of counsel making the appearance, and a brief description of the nature of the appearance.

For digital or electronic presentations, counsel must supply both a copy of the presentation in its native format and printouts showing the full text of each slide or image.

A list of all exhibits offered by that party. Capital Case Attorney List of Exhibits (form CR-602) must be used for this purpose. The list must indicate whether the exhibit was admitted in evidence, refused, lodged, or withdrawn.

A list of all jury instructions submitted in writing by that party. Capital Case Attorney List of Jury Instructions (form CR-604) must be used for this purpose. The list must indicate whether the instruction was given, given as modified, refused, or withdrawn.

Counsel is encouraged to keep a copy of this checklist.

A list of all motions made by that party, including ex parte motions. Capital Case Attorney List of Motions (form CR-603) must be used for this purpose.

Counsel must comply with the requirements of rule 2.1040 regarding electronic recordings presented or offered into evidence, including any such recordings that are part of a digital or electronic presentation.

After imposing sentence or making an order deemed to be a final judgment in a misdemeanor case on conviction after trial or following a revocation of probation, the court must orally or in writing advise a defendant not represented by counsel of the right to appeal, the time for filing a notice of appeal, and the right of an indigent defendant to have counsel appointed on appeal. This rule does not apply to infractions or when a revocation of probation is ordered after the defendant's admission of a violation of probation.

When the defendant is referred for a probation investigation and report, or sentencing is set without a referral, the court must direct an appropriate person to report and notify the specified recipients within a reasonable time before sentencing about custody days and possible credit.

At sentencing, the judgment or commitment must record the total custody time credited under the cited Penal Code sections.

The court may not hold the proceeding or set an execution date unless the record contains a clerk's certificate showing that the notices required by this subdivision were timely mailed.

The clerk must file a certificate of mailing copies of the notice.

The clerk must file a certificate of mailing copies of the order.

(C) The court found the plea was voluntary and intelligently made.

For purposes of this rule, a change of plea form signed by the defendant, defense counsel if the defendant was represented by counsel, and the judge, and filed with the court is a sufficient basis for the clerk or deputy clerk to report that the requirements of (2) have been met.

The reporting clerk or a deputy clerk must certify that the report submitted to the Department of Justice under Penal Code section 13151 and this rule is a correct abstract of the information contained in the court's records in the case.

(A) The defendant was advised of and understood the charges;

(B) The defendant was advised of, understood, and waived the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination; and

(1) Whether the defendant was represented by counsel or waived the right to counsel; and

When the court finds that the interest of justice requires an exception to the specified ignition interlock installation requirements, it must state its reasons on the record.

Courts must provide defendants with notice of their right to request an ability-to- pay determination and make available instructions or other materials for requesting an ability-to-pay determination.

The request must include any information or documentation the defendant wishes the court to consider in connection with the determination.

Forms TR-320/CR-320 and TR-321/CR-321 are optional under rule 1.35.

A court uses the information on Can't Afford to Pay Fine: Traffic and Other Infractions (form TR-320/CR-320) to determine an infraction defendant's ability to pay under rule 4.335.

For an infraction defendant's ability-to-pay request under rule 4.335, the court may use form TR-321/CR-321 to issue an order.

(7) Granting relief under section 1385; and

(3) Selecting a term for either an offense or an enhancement;

(8) Denying mandatory supervision in the interests of justice under section 1170(h)(5)(A).

(1) Granting probation when the defendant is presumptively ineligible for probation;

The court may give a single statement explaining the reason or reasons for imposing a particular sentence or the exercise of judicial discretion, if the statement identifies the sentencing choices where discretion is exercised and there is no impermissible dual use of facts.

(5) Imposing full consecutive sentences under section 667.6(c) rather than consecutive terms under section 1170.1(a), when the court has that choice;

(2) Denying probation when the defendant is presumptively eligible for probation;

(4) Imposing consecutive sentences;

If the sentencing judge is required to give reasons for a sentence choice, the judge must state in simple language the primary factor or factors that support the exercise of discretion.

(6) Waiving a restitution fine;

Any such additional criteria must be stated on the record by the sentencing judge.

In deciding whether to consent to the waiver, the court should consider whether the information in the report would assist in the resolution of any current or future sentencing issues, or would assist in the effective supervision of the person.

A supplemental report if a significant period of time has passed since the original report was prepared.

Is not eligible for probation but a report is needed to assist the court with other sentencing issues, including the determination of the proper amount of restitution fine;

Is statutorily eligible for probation or a term of imprisonment in county jail under section 1170(h);

A waiver under this section does not affect the requirement under section 1203c that a probation report be created when the court commits a person to state prison.

(4) Any statement made by the defendant to the probation officer, or a summary thereof, including the defendant's account of the circumstances of the crime.

The source of all information must be stated.

When requested by the sentencing judge or by standing instructions to the probation department, the report must include recommendations concerning the length of any prison or county jail term under section 1170(h) that may be imposed, including the base term, the imposition of concurrent or consecutive sentences, and the imposition or striking of the additional terms for enhancements charged and found.

Discussions of factors (A) through (D) must refer to any sentencing rule directly relevant to the facts of the case, but no rule may be cited without a reasoned discussion of its relevance and relative importance.

(8) The defendant's relevant risk factors and needs as identified by a risk/needs assessment, if such an assessment is performed, and such other information from the assessment as may be requested by the court.

(12) Detailed information on presentence time spent by the defendant in custody, including the beginning and ending dates of the period or periods of custody; the existence of any other sentences imposed on the defendant during the period of custody; the amount of good behavior, work, or participation credit to which the defendant is entitled; and whether the sheriff or other officer holding custody, the prosecution, or the defense wishes that a hearing be held for the purposes of denying good behavior, work, or participation credit.

In a felony case, the presentence investigation report must include a face sheet with the listed identifying, case, offense, aggravation, date, custody, and plea-agreement information.

(11) The probation officer's recommendation.

In a felony case, the report must include relevant social-history facts under appropriate subheadings and the specified military-service and section 1170(b)(6) information.

(10) Any mitigating factors pursuant to section 1385(c).

(3) A summary of the defendant's record of prior criminal conduct, including convictions as an adult and sustained petitions in juvenile delinquency proceedings.

(13) A statement of mandatory and recommended restitution, restitution fines, and other fines, fees, assessments, penalties, and costs to be assessed against the defendant; a recommendation whether any restitution order should become a judgment under section 1203(j) if unpaid; and, when appropriate, any finding concerning the defendant's ability to pay.

Records of an arrest or charge not leading to a conviction or the sustaining of a petition may not be included unless supported by facts concerning the arrest or charge.

In a felony case, the report must include collateral information, including written statements from the specified official sources and interested persons.

(E) A reasoned discussion of the defendant's ability to make restitution, pay any fine or penalty that may be recommended, or satisfy any special conditions of probation that are proposed.

(D) If a term of imprisonment in county jail under section 1170(h) is recommended, a reasoned discussion of the defendant's suitability for specific terms and length of period of mandatory supervision, including the factors prescribed by rule 4.415(c); and

(14) Information pursuant to section 29810(c): (A) Whether the defendant has properly complied with Penal Code section 29810 by relinquishing firearms identified by the probation officer's investigation or declared by the defendant on the Prohibited Persons Relinquishment Form, and (B) Whether the defendant has timely submitted a completed Prohibited Persons Relinquishment Form.

In a felony case, the report must include the specified victim information, including an available statement, injuries, monetary loss and insurance coverage, and information required by law.

(A) A reasoned discussion of the defendant's suitability and eligibility for probation, and, if probation is recommended, a proposed plan including recommendations for the conditions of probation and any special need for supervision;

(C) If denial of a period of mandatory supervision in the interests of justice is recommended, a reasoned discussion of the factors prescribed by rule 4.415(b);

(2) The facts and circumstances of the crime and the defendant's arrest, including information concerning any co-defendants and the status or disposition of their cases. The source of all such information must be stated.

(B) If a prison sentence or term of imprisonment in county jail under section 1170(h) is recommended or is likely to be imposed, a reasoned discussion of aggravating and mitigating factors affecting the sentence length;

Any person who has furnished information included in the report must be identified by name or official capacity unless a reason is given for not disclosing the person's identity.

The agreement and lack of objection must be recited on the record.

Notwithstanding rule 4.412(a), when a court denies a period of mandatory supervision in the interests of justice, the court must state the reasons for the denial on the record.

The reasons for selecting one of the three authorized terms of imprisonment referred to in section 1170(b) must be stated orally on the record.

A decision to impose a fully consecutive sentence under section 667.6(c) is an additional sentence choice that requires a statement of reasons separate from those given for consecutive sentences, but which may repeat the same reasons.

(1) A summary of evidence that the party relies on as circumstances justifying the imposition of a particular term;

(2) Notice of intention to dispute facts or offer evidence in aggravation or mitigation at the sentencing hearing.

If the parties dispute the facts on which the conviction rested, the court must conduct a presentence hearing.

Assertions of fact in a statement in aggravation or mitigation must be disregarded unless they are supported by the record in the case, the probation officer's report or other reports properly filed in the case, or other competent evidence.

The statement must generally describe the evidence to be offered, including a description of any documents and the names and expected substance of the testimony of any witnesses.

No evidence in aggravation or mitigation may be introduced at the sentencing hearing unless it was described in the statement, or unless its admission is permitted by the sentencing judge in the interests of justice.

When a defendant is sentenced under section 1168 or 1170 to a term consecutive to or concurrent with a sentence imposed by another jurisdiction, the judgment must state the California term without reference to the other sentence, identify the jurisdiction and proceedings, and indicate whether the terms run concurrently or consecutively; if consecutive, the court must order the California term to begin when the other sentence is completed.

When a defendant is sentenced under section 1170 and the sentence is to run consecutively to or concurrently with a sentence imposed under section 1168(b) in the same or another proceeding, the judgment must specify the determinate term imposed under section 1170 computed without reference to the indeterminate sentence, must order that the determinate term be served consecutively to or concurrently with the sentence under section 1168(b), and must identify the proceedings in which the indeterminate sentence was imposed.

The defendant must be transported with an abstract of the court's judgment as required by section 1213(a), or other suitable documentation showing the term imposed by the court and any custody credits against the sentence.

When the defendant is referred for an investigation and report under section 1203(b) or 1203(g), or sentencing is set without a referral, the court must direct an appropriate person to report the defendant’s potentially creditable custody days to the court.

At the time of sentencing, the court must cause to be recorded on the judgment or commitment the total time in custody to be credited on the sentence under sections 2900.5, 2933.1(c), 2933.2(c), and 4019.

It may amplify any reasons for the sentence that may bear on a possible suggestion by the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings that the sentence and commitment be recalled and the defendant be resentenced.

To be of maximum assistance to these agencies, a judge's statements should contain individualized comments concerning the convicted offender, any special circumstances that led to a prison sentence rather than local incarceration, and any other significant information that might not readily be available in any of the accompanying official records and reports.

A sentencing judge's statement of his or her views under section 1203.01 respecting a person sentenced to the Department of Corrections and Rehabilitation, Division of Adult Operations is required only in the event that no probation report is filed.

Even though it is not required, however, a statement should be submitted by the judge in any case in which he or she believes that the correctional handling and the determination of term and parole should be influenced by information not contained in other court records.

(A) If the prosecuting attorney objects to the treatment of the minor as within the juvenile court law and moves for a fitness hearing to be conducted, the court must order the probation department to prepare a report as required by rule 5.768.

(A) On the motion by the minor, the court must order the probation department to prepare a report as required in rule 5.768.

The orders for transfer must include an order committing the supervised person to the care and custody of the probation officer of the receiving county.

If the transferring court has ordered the defendant to pay fines, fees, forfeitures, penalties, assessments, or restitution, the transfer order must require that those and any other amounts ordered by the transferring court that are still unpaid at the time of transfer be paid by the defendant to the collection program for the transferring court for proper distribution and accounting once collected.

If the party makes the motion, the motion must include a declaration that the probation officer has refused to bring the motion,

Before deciding a transfer motion, the transferring court must confirm that notice was given to the receiving court as required by (1) and (3).

Before deciding a transfer motion, the transferring court must state on the record that it has received and considered any comments provided by the receiving court.

(2) All relevant terms and conditions of supervision and the circumstances of the alleged violations, including a summary of any statement made by the supervised person, and any victim information, including statements and type and amount of loss;

If a written report was submitted as part of the original sentencing proceeding or with an earlier revocation petition, a subsequent report need only update the information required by (c).

(4) Any recommended sanctions.

A subsequent report must include a copy of the original report if the original report is not contained in the court file.

(A) Personal identifying information, including name and date of birth;

In addition to the minimum contents described in (c), a report filed by the supervising agency in conjunction with a petition to revoke parole or postrelease community supervision must include the reasons for that agency's determination that intermediate sanctions without court intervention as authorized by Penal Code sections 3000.08(f) or 3454(b) are inappropriate responses to the alleged violations.

(C) Any pending cases and case numbers;

(E) Any available information requested by the court regarding the supervised person's risk of recidivism, including any validated risk-needs assessments;

(B) Custody status and the date and circumstances of arrest;

(3) A summary of any previous violations and sanctions; and

Except as provided in (d), a petition for revocation of supervision must include a written report that contains at least the following information:

(D) The history and background of the supervised person, including a summary of the supervised person's record of prior criminal conduct; and

(B) The custodian of any record pertaining to the petitioner's case, directing the custodian to produce the record or a certified copy to be filed with the clerk of the court.

If any informal response is filed, the court must notify the petitioner that a reply may be filed within 15 days from the date of service of the response on the petitioner or counsel.

Any denial must comply with Penal Code section 1484 and must be served on the respondent.

An attorney’s petition may use a non-Judicial Council form, but that petition must comply with Penal Code section 1474 and contain the pertinent information specified in form HC-001, including information about other related filings.

For a Penal Code section 745(a) claim lacking a prima facie showing, the court must state its factual and legal basis on the record or in a written order.

The return must comply with Penal Code section 1480 and must be served on the petitioner.

If a petition raises a claim under Penal Code section 745(a), the petition must include whether the petitioner requests appointment of counsel and whether the petitioner can afford counsel.

The informal response must be in writing and must be served and filed within 15 days.

Except as provided in (2), any order denying a petition for writ of habeas corpus must contain a brief statement of the reasons for the denial. An order only declaring the petition to be “denied” is insufficient.

A notice and request for ruling must include a declaration stating the petition filing date, the notice date, and that no ruling was received, and must attach the original petition and any amended petition.

(3) The transferring court must specify in the order of transfer the reason for the transfer.

If the court appoints counsel under this subdivision, it should state on the record the basis for finding counsel qualified.

When the court appoints counsel under this subdivision for a death penalty-related habeas corpus proceeding, it must complete and enter form HC-101.

The application must be on a Declaration of Counsel re Minimum Qualifications for Appointment in Death Penalty-Related Habeas Corpus Proceedings (form HC-100).

The local rule must establish procedures for submission and review of a Declaration of Counsel re Minimum Qualifications for Appointment in Death Penalty-Related Habeas Corpus Proceedings (form HC-100) and require attorneys to meet the minimum qualifications under rule 8.652(c).

(2) The petition must be accompanied by a copy of any petition, excluding exhibits, pertaining to the same judgment and petitioner that was previously filed in any state court or any federal court, along with any order in a proceeding on such a petition that disposes of any claim or portion of a claim.

(3) If the petition asserts a claim that was the subject of a hearing, the petition must be accompanied by a certified transcript of that hearing.

(4) If any supporting documents have previously been filed in the same superior court in which the petition is filed and the petition so states and identifies the documents by case number, filing date and title of the document, copies of these documents need not be included in the supporting documents.

The court in which the petition was filed must enter an order with the basis for its transfer or its finding of good cause for retaining the petition.

If the petitioner has made the required prima facie showing that petitioner is entitled to relief, the court must issue an order to show cause. An order to show cause does not grant the relief sought in the petition.

(2) The court must assign a court reporter who uses computer-aided transcription equipment to report all proceedings under this subdivision.

(A) All proceedings under this subdivision, whether in open court, in conference in the courtroom, or in chambers, must be conducted on the record with a court reporter present. The court reporter must prepare and certify a daily transcript of all proceedings.

On decision of the initial petition, the court must prepare and file a statement of decision specifying its order and explaining the factual and legal basis for its decision.

The superior court must grant or deny a certificate of appealability concurrently with the issuance of its decision denying relief on a successive death penalty-related habeas corpus petition.

If the superior court grants a certificate of appealability, the certificate must identify the substantial claim or claims for relief shown by the petitioner and the substantial claim that the requirements of Penal Code section 1509(d) have been met.

Before issuing its decision, the superior court may order the parties to submit arguments on whether a certificate of appealability should be granted.

Before dismissing a successive petition under Penal Code section 1509(d), a superior court must provide notice to the petitioner and an opportunity to respond.

Such an action must be commenced by filing an appropriate petition, and the respondent must file an appropriate response within 30 days after service of the summons and a copy of the petition.

Each local court may adopt local rules and forms regarding family law actions and proceedings that are not in conflict with or inconsistent with California law or the California Rules of Court.

Effective January 1, 2013, local court rules and forms must comply with the Family Rules.

(3) Separate statement requirements (rule 3.1345);

(B) Describe the specific conduct that is alleged to have violated the rule; and

(A) State the applicable rule of court that has been violated;

(C) Direct the attorney, law firm, party, witness, or other person to show cause why sanctions should not be imposed for violation of the rule.

(B) Describe the specific conduct that appears to have violated the rule; and

(C) Identify the party, attorney, law firm, witness, or other person against whom sanctions are sought.

A court order awarding sanctions must be in writing and must recite in detail the conduct or circumstances justifying the order.

For this type of case, the person starting the case is a party and the caption on all papers must be appropriately changed to reflect that fact.

(B) If either party revokes the joint petition under Family Code section 2342.5(b), petitioner 1 will thereafter be referred to as the “petitioner” and petitioner 2 will thereafter be referred to as the “respondent.

(1) Except as otherwise specified in this rule, the party starting the case is referred to as the “petitioner,” and the other party is the “respondent.”

(A) The first joint petitioner is referred to as “petitioner 1,” and the second joint petitioner is referred to as “petitioner 2.” For any Judicial Council forms that list the parties as “petitioner” and “respondent,” petitioner 1 should identify themselves as “petitioner” and petitioner 2 should identify themselves as “respondent.”

In local child support agency actions, designate the agency as petitioner or plaintiff, the sued parent as respondent or defendant, and the other parent as the Other Parent.

Every other proceeding must be prosecuted and defended in the names of the real parties in interest.

All applications for joinder other than for an employee pension benefit plan must be made by serving and filing form a Notice of Motion and Declaration for Joinder (form FL-371).

When the court orders joinder under this rule, it must direct that the summons use form FL-375.

The completed joinder application form must state specifically the claimant’s interest and the relief sought.

Every notice of appearance of employee pension benefit plan and responsive pleading filed under Family Code section 2063(b) must be given on Notice of Appearance and Response of Employee Benefit Plan (form FL-374).

Every summons issued on the joinder of employee pension benefit plan must be on Summons (Joinder) (form FL-375).

Every request for joinder of employee pension benefit plan and order and every pleading on joinder must be submitted on Request for Joinder of Employee Benefit Plan and Order (form FL-372) and Pleading on Joinder-Employee Benefit Plan (form FL-370).

An order determining repayment of waived initial fees must be made on Order to Pay Waived Court Fees and Costs (Superior Court) (form FL-336).

An order for payment of waived court fees must be accompanied by a blank Application to Set Aside Order to Pay Waived Court Fees-Attachment (form FL-337).

An order granting or denying a request to set aside an order to pay waived court fees and costs must be made on Order After Hearing on Motion to Set Aside Order to Pay Waived Court Fees (Superior Court) (form FL-338).

(B) Issue a Summons (Uniform Parentage-Petition for Custody and Support) (form FL-210) for parentage or custody and support cases;

(2) The clerk of the court must not give the original summons to the petitioner, but must maintain it in the court file, except for support cases initiated by a local child support agency.

If a summons is required to commence a family law case, the clerk of the court must issue the summons using the same procedure for issuing a summons in civil actions, generally.

(C) Issue a Summons (UIFSA) (form FL-510) when a party seeks to establish or enforce child support orders from other states;

(D) Process a Summons and Complaint or Supplemental Complaint Regarding Parental Obligations (form FL-600) as specified in rule 5.325.

(E) Issue Summons—Gestational Carrier Agreement (form SUR-110) when parties file Petition to Determine Parental Relationship (form SUR-100); and

(1) The summons and standard restraining orders must be issued and filed in the same manner as a summons in a civil action and must be served and enforced in the manner prescribed for any other restraining order.

Under Family Code section 233, in proceedings for dissolution, legal separation, or nullity of a marriage or domestic partnership and in parentage proceedings, the clerk of the court must issue a summons that includes automatic temporary (standard) restraining orders.

(F) Issue Joint Summons—Joint Petition (form FL-710) when parties file a joint petition for dissolution of marriage or domestic partnership or legal separation as specified in Family Code sections 2330(c) and 2331.

(A) Issue a Summons (Family Law) (form FL-110) for divorces, legal separations, or annulment cases involving married persons or domestic partnerships;

(1) Petitioner and respondent must each complete, serve, and file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105/GC-120) if there are children of their relationship under the age of 18 years.

To comply with this duty, a party must file an updated UCCJEA form with the court and have it served on the other party.

(2) The form is a required attachment to the petition and response in actions for divorce or in actions to to determine a parental relationship (except as provided in (3) or in actions for custody and support of minor children.

(3) The form is not a required attachment to the petition and response in actions to determine a parental relationship involving a gestational carrier agreement unless the petition or response specifies that child custody or visitation (parenting time) or both are at issue in the case.

In any action or proceeding involving custody of a minor child, a party has a continuing duty to inform the court if he or she obtains further information about a custody proceeding in a California court or any other court concerning a child who is named in the petition, complaint, or response.

The petitioner or respondent may request alternative relief when filing a family law action. The request for alternative relief must be indicated in the petition or response.

The proof of service of response to petition or complaint may be on a form approved by the Judicial Council or a document or pleading containing the same information required in Proof of Service by Mail (form FL-335), Proof of Personal Service (form FL-330), or Proof of Electronic Service (form POS-050/EFS-050).

The proof of service of summons may be on a form approved by the Judicial Council or a document or pleading containing the same information required in Proof of Service of Summons (form FL-115).

The petitioner must list all the reasonable diligent efforts that have been made to find and serve the respondent.

Proof of Service by Posting (form FL-985) (or a pleading containing the same information as form FL-985) must be completed by the person who posted the documents and then filed with the court once posting is completed.

Alternatively, petitioner may complete and submit to the court pleadings containing the same information as forms FL-980 and FL-982.

If the petitioner's financial situation has improved since obtaining the approved order on court fee waiver, the petitioner must file a Notice to Court of Improved Financial Situation or Settlement (form FW-010).

To request service of summons by publication or posting, the petitioner must complete and submit to the court Application for Order for Publication or Posting (form FL-980) and Order for Publication or Posting (form FL-982).

When the respondent has filed a response, the petitioner is not required to file a reply.

(1) Persons who qualify for a summary dissolution as described in the booklet Summary Dissolution Information (form FL-810) may act to dissolve their partnership through the California Secretary of State using forms found at www.sos.ca.gov or in the superior court following the procedures described in form FL-810.

(2) For persons who do not qualify for a summary dissolution proceeding, all forms and procedures used for the dissolution, legal separation, or annulment of a domestic partnership are the same as those used for the dissolution, legal separation, or annulment of a marriage.

(B) The completed worksheet pages indicated in Summary Dissolution Information (form FL-810).

(4) All tax returns filed by the spouse or domestic partner in the two year period before exchanging the worksheets or forms described in (2).

(A) Declaration of Disclosure (form FL-140) and either a Schedule of Assets and Debts or a Property Declaration (form FL-160) with all attachments;

(3) A written statement of all investment, business, or other income-producing opportunities that came up after the date of separation based on investments made or work done during the marriage or domestic partnership and before the date of separation.

(1) An Income and Expense Declaration (form FL-150).

(3) Petition to Determine Parental Relationship (form FL-200);

(B) Need not reference that the case involves a gestational carrier agreement, if applicable.

(A) Must be issued on Judgment (form FL-250);

(A) A true and correct copy of the notarized gestational carrier agreement must be lodged with the clerk of the court, with the declarations of the separate, independent attorneys attached. If applicable, a true and correct copy of the English translation of the gestational carrier agreement (certified under oath by a qualified interpreter) must also be lodged with the clerk of court

(C) Parties must file their declarations under section 7962(e) with the clerk of the court.

(B) Parties must file a declaration of the fertility physician with the clerk of the court to demonstrate compliance with section 7962(d).

(4) Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105), only if child custody or visitation (parenting time) or both are at issue in the case; or

When a respondent in a gestational-carrier-agreement case files a response to form SUR-100, the response must be on form SUR-120.

(1) Confidential Cover Sheet—Parentage Action Involving Assisted Reproduction (form FL-211);

(5) Any forms required for subsequent filings in actions under the Uniform Parentage Act.

(1) Parties to a gestational carrier agreement must commence an action in family court to seek a judgment determining a parental (or nonparental) relationship to a child born or expected to be born by using either: (A) Petition to Determine Parental Relationship (form SUR-100); or (B) Joint Petition to Determine Parental Relationship (form SUR-100(J)).

(2) Summons (form FL-210);

Information for litigants on how to request a status conference, or a family centered case resolution conference earlier than or in addition to, any status conference or family centered case resolution conferences scheduled by the court.

The family centered case resolution plan order should set a schedule for subsequent family centered case resolution conferences and otherwise provide for management of the case.

Instructions for keeping the court informed of the person's current address and phone number, and e-mail address;

Information for self-represented parties about the opportunity to meet with court self-help center staff or a family law facilitator; and

Written information summarizing the process of a case through disposition;

A list of local resources that offer procedural assistance, legal advice or information, settlement opportunities, and domestic violence services;

Family centered case resolution plans as ordered by the court must comply with Family Code sections 2450(b) and 2451.

The Income and Expense Declaration (form FL-150) must be current, as described in rule 5.260 and include the documents specified in form FL-150 that demonstrate the party's income.

The moving party must submit the request as a temporary emergency order on form FL-300 and comply with the requirements of rules 5.151 through 5.169 of the California Rules of Court;

However, unrelated relief must be sought by scheduling a separate hearing using Request for Order (form FL-300) and following the filing and service requirements for a Request for Order described in this rule.

The moving party may be required to complete, file, and have additional forms or attachments served along with a Request for Order (form FL-300) when seeking court orders for child custody and visitation (parenting time), attorney's fees and costs, support, and other financial matters.

A responding party addressing custody or visitation, fees, support, or other financial matters may be required to complete, file, and serve additional forms or attachments with form FL-320.

Declaration Regarding Address Verification (form FL-334) may be used as the address verification required by Family Code section 215. The completed form, or a declaration that includes the same information, must be filed with the proof of service of the Request for Order.

The Request for Order (form FL-300) must set forth facts sufficient to notify the other party of the moving party's contentions in support of the relief requested.

The party must complete an Income and Expense Declaration (form FL-150) and file it with the Request for Order (form FL-300);

The responding party may request relief related to the orders requested in the moving papers.

A party must complete an Income and Expense Declaration (form FL-150) and file it with the Request for Order (form FL-300);

If the parties initiated the proceeding by joint petition under Family Code sections 2330 and 2331 and judgment has not yet entered in the case, a party must file a pleading revoking the joint petition under Family Code section 2342.5(b) and Notice of Revocation of Joint Petition (form FL-720) before or simultaneously with filing a request for order.

The moving party must file the documents with the court clerk to obtain a court date and then have a filed copy served on all parties in the case within the timelines required by law.

A party may complete a current Financial Statement (Simplified) (form FL-155) instead of a current Income and Expense Declaration (form FL-150) only if the party meets the requirements listed in form FL-155.

Subdivision (a)(3)(B), Response to Request for Order (form FL‑320) must be used.

Subdivision (a)(3)(A), Response to Request to Change or End Restraining Order (form DV-320) must be used.

Request to Change or End Restraining Order (form DV-300) must be used to ask that the court modify or terminate the order if it was granted under the Domestic Violence Prevention Act.

Subdivision (a)(2)(A), Response to Request to Change or End Restraining Order (form DV-320) must be used.

Subdivision (a)(2)(B), Response to Request for Order (form FL‑320) must be used.

A Request for Order (form FL-300) must be used to ask for court orders, unless another Judicial Council form has been adopted or approved for the specific request;

The moving party's request must be supported by a declaration or a statement of facts showing good cause for the court to prescribe shorter times for the filing and service of the Request for Order (form FL-300) than the times specified in Code of Civil Procedure section 1005.

No memorandum of points and authorities need be filed with a Request for Order (form FL-300) unless required by the court on a case-by-case basis.

Comply with rules 5.151 through 5.169 of the California Rules of Court;

The Responsive Declaration to Request for Order (form FL-320) must set forth facts sufficient to notify the other party of the declarant's contentions in response to the request for order and in support of any relief requested.

A completed form FL-150 must be filed with form FL-320 under the same requirements specified in rule 5.92(b)(2) and (b)(3).

While the restraining order in a Restraining Order After Hearing (Order of Protection) (form DV-130) is still in effect, Request to Change or End Restraining Order (form DV-300) must be used to ask that the court modify or terminate the order granted in form DV-130, including any orders for child custody, child support, spousal or domestic partner support, property, or other orders.

Comply with specified local court procedures and/or local court rules about reserving the day for the temporary emergency hearing, submitting the paperwork to the court, and use of local forms.

No memorandum of points and authorities need be filed with a Responsive Declaration to Request for Order (form FL-320) unless required by the court on a case-by-case basis.

In an action under the Domestic Violence Prevention Act, after the form DV-130 restraining order expires, use form FL‑300 to seek modification or termination of any remaining orders in form DV-130.

Request for Order (form FL-300) must be used to ask that the court modify or terminate the order if it was granted under the Code of Civil Procedure.

The Income and Expense Declaration (form FL-150) must be current, as described in rule 5.260 and include the documents specified in the form that demonstrate the party's income;

To respond to the issues raised in the Request for Order (form FL-300) and accompanying papers, the responding party must complete, file, and have a Responsive Declaration to Request for Order (form FL-320) served on all parties in the case.

A Responsive Declaration to Request for Order (form FL-320) must be used to respond to the orders sought in form FL-300, unless another Judicial Council form has been adopted or approved for the specific purpose.

In a local child support action under the Family Code, any party other than the local child support agency must use Request for Order (form FL-300) to ask for court orders.

Complete and include a proposed Temporary Emergency (Ex Parte) Orders (form FL-305) with the Request for Order (form FL-300);

If the court, in its discretion, refuses to consider a late filed paper, the minutes or order must so indicate.

Responsive Declaration to Request to Reschedule Hearing (form FL-310) may be used for this purpose.

Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders (form FL-303), a local form, or a declaration that contains the same information as form FL-303 may be used for this purpose.

The party asking to reschedule the hearing must complete a written request and a proposed order. The following forms may be used for this purpose: Request to Reschedule Hearing (form FL-306) or Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders (form FL-307), whichever form is appropriate for the case, and Order on Request to Reschedule Hearing (form FL-309).

The party must file or submit to the court the forms in (i), along with a declaration describing how the other party was notified of the request to reschedule and served the documents.

The party is not required to file a written request but must complete and submit a proposed Order on Request to Reschedule Hearing (form FL-309).

The parties may complete Agreement and Order to Reschedule Hearing (form FL-308) for this purpose.

The party must complete and file with the court a written request and a proposed order. The following forms may be used for this purpose: Request to Reschedule Hearing (form FL-306) or Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders (form FL-307), whichever form is appropriate for the case, and Order on Request to Reschedule Hearing (form FL-309); and

Materials lodged electronically with the clerk of the court must clearly specify an email address to which the notice of deletion may be sent.

All papers relating to a request for order proceeding must be filed in the clerk's office, unless otherwise provided by local rule or court order.

A party seeking return of physically lodged materials must include a self-addressed envelope with sufficient postage for mailing.

The clerk must post a general schedule showing the days and departments for hearing the matters indicated in the Request for Order (form FL-300).

If the court makes a new order in the case, it must send a copy of the order to the receiving court if the case file has already been transmitted.

the fee waiver order must be transmitted with the case file in lieu of the fees and costs.

If a transfer of jurisdiction is ordered by the court on its own motion, the court must specify in its order which party is responsible for the Government Code section 70618 fees.

When an emergency order is requested, the transferring court must send notice to the receiving court that it is exercising its jurisdiction and must inform the receiving court of the action taken on the request.

The clerk must send notice stating the date of the transmittal to all parties who have appeared in the action or proceeding and the court receiving the transfer.

For a family law transfer, the receiving clerk’s notice must go to all appearing parties and the court that ordered the transfer and state the case’s filing date and assigned number.

Along with a Request for Order (form FL-300) or a Responsive Declaration (form FL-320), a party must file a supporting declaration with the court clerk and serve it on the other party.

(2) A declaration must be based on personal knowledge and explain how the person has acquired that knowledge. The statements in the declaration must be admissible in evidence.

the party must specify in writing the part of the court file sought to be judicially noticed

A court that does not regularly provide for reporting of hearings on a request for order or motion must so state in its local rules.

The rules must also provide a procedure by which a party may obtain a court reporter in order to provide the party with an official verbatim transcript.

(A) The facts relating to the preparation of the order, including the date the proposed order was due and the date the proposed order was served to the party whom the court ordered to draft the proposed order; (B) The party's reasons for not preparing or approving the proposed order, if known; (C) The date and results of any attempts to meet and confer, if relevant; and (D) A request that the court sign the proposed order.

(A) The date the proposed order was served on the other party; (B) The other party's reasons for not approving the proposed order, if known; (C) The date and results of any attempts to meet and confer, if relevant; and (D) A request that the court sign the proposed order.

(A) A proposed Findings and Order After Hearing (FL-340) (and any form attachments); (B) A copy of the minute order or official transcript of the court hearing; and (C) A cover letter that explains the objections, describes the differences in the two proposed orders, references the relevant sections of the transcript or minute order, and includes the date and results of the meet-and-confer conferences.

A request for SIJ findings must be made using Confidential Request for Special Immigrant Juvenile Findings-Family Law (form FL-356).

the clerk must issue a separate Special Immigrant Juvenile Findings (form FL-357) for each child with respect to whom the court makes SIJ findings.

The court must make separate SIJ findings with respect to each child for whom a request is made,

Any person entitled under (c) to notice of a request for SIJ findings with respect to a child may file and serve a response to such a request using Confidential Response to Request for Special Immigrant Juvenile Findings (form FL-358).

Absent such disclosure, attorney's fees and costs incurred to reinstate the status quo may be awarded.

(A) Provide a full, detailed description of the most recent incidents showing:

(C) Temporary Emergency (Ex Parte) Orders (form FL-305) to serve as the proposed temporary order.

(B) When relevant to the relief requested, a current Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) and Property Declaration (form FL-160).

A request for emergency orders must be in writing and must include all of the following completed documents:

(D) Include a copy of the current custody orders, if they are available. If no orders exist, explain where and with whom the child is currently living; and

An application for emergency orders must state the name, address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, and telephone number of the party, if known to the applicant.

(C) Advise the court of the existing custody and visitation (parenting time) arrangements and how they would be changed by the request for emergency orders;

(B) State the date, time, and place for the presentation of the application;

(C) State the date, time, and place of the hearing, if applicable; and

(A) State with specificity the nature of the relief to be requested;

(A) Be filed with, or after filing, either: (i) A petition appropriate for the case type (for example, a petition for dissolution of marriage or legal separation, a petition to determine parental relationship, or a petition for custody and support); or (ii) Registration of Out-of-State Custody Order (form FL-580) if there is a previous custody determination in another state and the party does not intend to file a petition under (i).

The declarations must contain facts within the personal knowledge of the declarant that demonstrate why the matter is appropriately handled as an emergency hearing, as opposed to being on the court's regular hearing calendar.

Previous applications include an order to shorten time for service of notice or an order shortening time for hearing.

(C) That, for reasons specified, the applicant should not be required to inform the opposing party.

(C) Include the information specified in (d)(5)(C)-(E) of this rule.

An application for emergency orders must be accompanied by a completed declaration regarding notice that includes one of the following statements:

(A) The notice given, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected and that, within the applicable time under rule 5.165, the applicant informed the opposing party where and when the application would be made;

(B) That the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or

(E) A memorandum of points and authorities only if required by the court.

(E) Include a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105) if the form was not already filed by a party or if the information has changed since it was filed.

(B) Include the documents listed in (c) of this rule.

The applicant has a duty to disclose that an emergency order will result in a change in the current situation or status quo.

(A) Request for Order (form FL-300) that identifies the relief requested.

(B) Specify the date of each incident described in (A);

(D) A written declaration regarding notice of application for emergency orders based on personal knowledge. Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders (form FL-303), a local court form, or a declaration that contains the same information as form FL-303 may be used for this purpose.

An applicant must make an affirmative factual showing of irreparable harm, immediate danger, or any other statutory basis for granting relief without notice or with shortened notice to the other party.

An applicant should submit a declaration that fully discloses all previous applications made on the same issue and whether any orders were made on any of the applications, even if an application was previously made upon a different state of facts.

To make the request, the party must file a written declaration signed under penalty of perjury that includes facts showing good cause not to give the notice.

The party must provide facts in the declaration that show exceptional circumstances that justify the shorter notice.

Within one year of the adoption of this rule, the court adopts a local court rule regarding ex parte communications.

A written parenting plan summarizing the parties' agreement or mediator's recommendation that is given to counsel or the parties before the recommendation is presented to the court; and

The mediator cannot continue unless the parties agree in writing to continue mediation despite the disclosed conflict of interest.

Mediation services provide a written description of limitations on the confidentiality of the process.

Eligible providers must distribute a certificate to each training completer documenting the hours offered and completed, training dates, and provider name.

In court-connected mediation, the mediator must assist the parties without undue influence or bias in developing a parenting plan that protects the child’s interests and includes the listed provisions as appropriate.

Any intake form that an agency charged with providing family court services requires the parties to complete before the commencement of mediation or evaluation must state that, if a party alleging domestic violence in a written declaration under penalty of perjury or a party protected by a protective order so requests, the Family Court Services staff must meet with the parties separately and at separate times.

Family Court Services programs, including but not limited to orientation programs, must provide information and materials that describe Family Court Services policy and procedures with respect to domestic violence.

Summarize the data-gathering procedures, information sources, and time spent, and present all relevant information, including information that does not support the conclusions reached;

A request that a written report be returned only to the evaluator and that no copies of the report be distributed to parties or attorneys.

A written explanation of the process that clearly describes the:

Complete, file, and serve Confidential Child Custody Evaluation Report Under Family Code Section 3118 (form FL-329) on the parties or their attorneys and any attorney appointed for the child under Family Code section 3150.

Limitations on the confidentiality of the process; and

Describe any limitations in the evaluation that result from unobtainable information, failure of a party to cooperate, or the circumstances of particular interviews;

Provide instructions that limit the out-of-jurisdiction report to factual matters and behavioral observations rather than recommendations regarding the overall custody plan; and

An outline of issues to be explored;

Attach and discuss the report provided by the professional in another jurisdiction in the evaluator's final report.

Provide clear, detailed recommendations that are consistent with the health, safety, welfare, and best interests of the child if making any recommendations to the court regarding a parenting plan.

Procedures used and the time required to gather and assess information and, if psychological tests will be used, the role of the results in confirming or questioning other information or previous conclusions;

Purpose of the evaluation;

Only make a custody or visitation recommendation for a party who has been evaluated. This requirement does not preclude the evaluator from making an interim recommendation that is in the best interests of the child;

Provide a full and complete analysis of the allegations raised in the proceeding and address the health, safety, welfare, and best interests of the child, as ordered by the court;

A list of the individuals who must or may be contacted;

For a Family Code section 3111 evaluation, the evaluator must attach form FL-328 as the report’s first page when filing and serving the court-ordered report on the specified recipients.

A statement as to whether a home visit is required;

Cost and payment responsibility for the evaluation.

A request for relevant documents such as police records, school reports, or other document review; and

A copy of all relevant court orders;

Scope and distribution of the evaluation report;

All evaluations must include a written or oral presentation of findings that is consistent with Family Code section 3111, Family Code section 3118, or Evidence Code section 730.

A description of the necessary structure and setting for interviews;

Make a written request that includes, as appropriate:

Must use an Order Appointing Child Custody Evaluator (form FL-327) to appoint a private child custody evaluator or a court-connected evaluation service. Form FL-327 may be supplemented with local court forms;

Each court must use form FL-325 to certify that court-connected evaluators meet this rule’s qualifications for a given year, and may supplement it with local court rules or forms.

Private child custody evaluators must complete a Declaration of Private Child Custody Evaluator Regarding Qualifications (form FL-326) and file it with the clerk's office no later than 10 days after notification of each appointment and before any work on each child custody evaluation has begun;

Must provide the Judicial Council with a copy of any local court forms used to implement this rule;

Specify on form FL-325 or FL-326 the date by which he or she must complete the continuing education and training requirements of this rule.

Obtains the written agreement of the parties and attorneys as to the nature and extent of the intern's participation in the evaluation after disclosure;

Establish a process for informing the public about how to find qualified evaluators in that jurisdiction;

Court-connected child custody evaluators must submit a Declaration of Court-Connected Child Custody Evaluator Regarding Qualifications (form FL-325) to the court executive officer or his or her designee.

Distribute a certificate of completion to each person who has completed the training. The certificate must document the number of hours of training offered, the number of hours the person completed, the dates of the training, and the name of the training provider;

Provide for acceptance of and response to complaints about an evaluator's performance;

(E) Distribute a certificate of completion to each person who has completed the training. The certificate must document the number of hours of training offered, the number of hours the person completed, the dates of the training, and the name of the training provider.

In the absence of such a local rule of court, child custody evaluators must attach copies of their certificates of completion of the initial 12 hours of advanced instruction and of the most recent annual 4-hour update training in domestic violence to each child custody evaluation report.

(E) Counsel's rate or amount of compensation;

(G) Source of funds and manner of reimbursement for counsel's fees and costs;

(A) Child's address, if appropriate;

The court must issue written orders when appointing and terminating counsel for a child.

(3) If the court maintains a panel of counsel eligible for appointment and the court appoints counsel who is not on the panel, the court must state the reason for not appointing a panel counsel in writing or on the record.

(F) Allocation of fees payable by each party or the court;

(D) Responsibilities and rights of the child's counsel;

(C) Tasks related to the case that would benefit from the services of counsel for the child;

(I) Terms and amount of any progress or installment payments; and

(A) Appointed counsel's name, address, and telephone number;

(H) Allocation of payment of counsel's fees to one party subject to reimbursement by the other party;

(C) Child's date of birth.

(J) Ability of the court to reserve jurisdiction to retroactively modify the order on fees and payment.

(B) Name of the child for whom counsel is appointed; and

(B) Issues to be addressed in the case;

By January 1, 2010, each court must develop local court rules in accordance with rule 10.613 that provide for acceptance and response to complaints about the performance of the court-appointed counsel for a child.

The parties must have on file a current Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155).

(1) File a declaration with the court indicating compliance with the requirements of this rule no later than 10 days after being appointed and before beginning work on the case. Counsel may complete the Declaration of Counsel for a Child Regarding Qualifications (form FL-322) or other local court forms for this purpose; and

(2) Notify the court within five days of any disciplinary action taken by the State Bar of California, stating the basis of the complaint, result, and notice of any reproval, probation, or suspension.

(B) Describe the child's input in sufficient detail to assist the court in its adjudication process;

(A) Be in writing and fully document the child's views on the matters on which the child wished to express an opinion;

(C) Be provided to the court and to the parties by an individual who will be available for testimony and cross-examination; and

If the court finds good cause to deviate from the statewide uniform guideline formula for child support, the court must state its findings in writing or on the record as required by Family Code sections 4056, 4057, and 4065.

Use of support calculation software is not appropriate when requesting a judgment or modification of a judgment for spousal or domestic partner support.

Financial Statement (Simplified) (form FL-155) is not appropriate for use in proceedings to determine or modify spousal or domestic partner support, to determine or modify family support, or to determine attorney's fees and costs.

In its discretion, for good cause shown, the court may deviate from the amount of guideline support resulting from the computer calculation.

A party responding to a request for support orders must include a current, completed Income and Expense Declaration (form FL-150) with the Responsive Declaration to Request for Order (form FL-320) that is filed with the court and served on all parties.

Petitioner or the parties may use Spousal or Partnership Support Declaration Attachment (form FL-157) to address the issue of spousal or domestic partner support under Family Code section 4320 when relevant to the case.

The moving party should file the documents in (A) with the proposed judgment if the judgment is based on respondent's default or a stipulation of the parties.

Each party should file a proposed support calculation with the proposed judgment that sets forth the party's assumptions with regard to gross income, tax filing status, time-share, add-on expenses, and any other factor relevant to the support calculation.

A party requesting support orders must include a current, completed Income and Expense Declaration (form FL-150) with the Request for Order (form FL-300) that is filed with the court and served on all parties.

If a party contends that the amount of support as calculated under the statewide uniform guideline formula is inappropriate, that party must file a declaration stating the amount of support alleged to be proper and the factual and legal bases justifying a deviation from guideline support under Family Code section 4057.

“Current” means the form has been completed within the past three months providing no facts have changed.

No change of circumstances must be shown to change a previously agreed upon child support order that was below the child support guidelines.

Stipulated agreements for child support that deviate from the statewide uniform guideline must include either a Non-Guideline Child Support Findings Attachment (form FL-342(A)) or language in the agreement or judgment conforming with Family Code sections 4056 and 4065.

The form must be sufficiently completed to allow the court to make an order.

The supporting declaration submitted in a request to change a prior child, spousal, or domestic partner support order must include specific facts demonstrating a change of circumstances.

The court may use and must permit parties or their attorneys to use any software certified by the Judicial Council to present support calculations to the court.

Except as provided below, for all hearings involving child, spousal, or domestic partner support, both parties must complete, file, and serve a current Income and Expense Declaration (form FL-150) on all parties.

In child support hearings, a party who meets the requirements for using FL-155 may use a current FL-155 instead of a current FL-150.

A sale or donation of the software or its license to a court or judicial officer must include, at no extra charge, a license for an additional public-access copy.

(B) The court to prepare support calculations.

(B) The deductions from gross income of each party as provided for by Family Code section 4059 and subdivision (b)(1) of this rule;

(E) Permit the entry of deductions authorized by Family Code section 4059(g) (hardship) while ensuring that any deduction subject to the limitation in Family Code section 4071(b) does not exceed that limitation.

(A) The gross income of each party as provided for by Family Code section 4058;

(2) The Judicial Council may revoke certification if a calculator is not submitted, as requested, for review and testing to ensure its accuracy under (b)(2).

The renewal must include a statement of any changes made to the software since the last application for certification.

(B) Either accurately compute the state and federal income tax liability under Family Code section 4059(a) or permit the entry of a figure for this amount; this figure, in the default state of the program, must not include the tax consequences of any spousal support to be ordered;

The Judicial Council may request a new statement as often as it determines necessary to ensure accuracy of the tax computation.

(4) The software must contain, either on the screen or in written form, instructions for the entry of each figure that is required for computation of child support using the default setting of the software. These instructions must include but not be limited to the following:

The person seeking certification must also grant or obtain all licenses necessary for the Judicial Council to use and test the software.

Before the Judicial Council denies a certificate because of failure to comply with the standards in (b)(1) or (b)(2) of this rule, the Judicial Council may request the person seeking certification to explain the differences in results.

(3) The software must contain, either on the screen or in written form, a glossary defining each term used on the computer screen or in printed hard copy produced by the software.

(2) In the event the certification of the California Child Support Guideline Calculator is revoked under (c) or the calculator is determined by Judicial Council staff to be inaccessible, the parties, attorneys, and court may use an alternate software program certified by the Judicial Council until the courts are notified by Judicial Council staff that the California Child Support Guideline Calculator has been recertified or is available for use again.

Each person seeking certification of software must supply a copy of the software to the Judicial Council.

(1) The accountant is familiar with the operation of the software;

The Judicial Council may delegate the responsibility for the calculation and determinations required by this rule.

A person seeking certification of software must apply in writing to the Judicial Council.

The software must also provide, in an easily selected option, an alternative allocation of the expenses as provided for by Family Code section 4061(a).

If the software computes the state and federal income tax liability as provided in (b)(1)(B) of this rule, the application for certification, whether for original certification or for renewal, must be accompanied by a statement from a certified public accountant that:

When the accountant's statement is required under subdivision (d), it must give the accountant's opinion on the accuracy of the specified deductions and their annualization.

(7) The software or a license to use the software must be available to persons without restriction based on profession or occupation.

(C) The additional items of child support provided for in Family Code section 4062;

(5) In making an allocation of the additional items of child support under (b)(4)(C) of this rule, the software must, as its default setting, allocate the expenses for each additional item of child support to each parent in proportion to the parents’ net incomes, as adjusted under Family Code section 4061(c) and (d).

(C) Ensure that any deduction for contributions to the Federal Insurance Contributions Act or as otherwise permitted by Family Code section 4059(b) does not exceed the allowable amount;

(D) The factor rebutting the presumptive guideline amount under Family Code section 4057(b)(2) (deferred sale of residence); and

The Judicial Council may, after receipt of information concerning changes, require that the software be recertified under this rule.

(D) Permit the entry of deductions authorized by Family Code sections 4059(c) through (f); and

If the low-income adjustment applies, the calculator-results printout must show its range on the first page.

(A) Permit entry of the "gross income" of each parent as defined by Family Code section 4058;

(A) Parties and attorneys to present support calculations to the court; and

If the Judicial Council does not have the computer hardware or operating system necessary to use and test the software, the person seeking certification of the software must make available to the Judicial Council any hardware or operating system required to use and test the software.

(E) The income of a subsequent partner as provided for in Family Code section 4057.5.

(2) The software must calculate a child support amount, using its default settings, that is accurate to within 1 percent of the correct amount.

If the software generates more than one report of the calculator results, the range of the low-income adjustment only must be displayed on the report that includes the user inputs.

(3) In the opinion of the accountant the software accurately calculates the estimated actual state and federal income tax liability consistent with Internal Revenue Service and Franchise Tax Board procedures;

(2) The accountant has carefully examined, in a variety of situations, the operation of the software in regard to the computation of tax liability;

(3) In all non–title IV-D proceedings, the court may use and must permit parties or attorneys to use any software certified by the Judicial Council under this rule.

(5) States which calendar year the statement includes and must clearly indicate any limitations on the statement.

To determine the accuracy of the software, the Judicial Council will develop scenarios for internal use to test the software, calculate the correct amount of support for each scenario, and then calculate the amount for each scenario using the software program.

In subsequent proceedings involving the parties and child named in the declaration, pleadings—including proceedings under the Uniform Parentage Act—must be filed in the court file opened by form FL-280.

The decision of the court must be written on the Order After Hearing on Motion to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-290).

When no previous action has been filed, a signer or other interested party may seek cancellation by filing a completed form FL-280.

The caption of the form must be modified by the person filing it by adding the words "Other parent:" and the name of the other parent to the form.

The absence of points and authorities under these circumstances may not be construed by the court as an admission that the motion is not meritorious and cause for its denial.

Notwithstanding any other rule, including rule 313, a notice of motion in a title IV-D support action must not be required to contain points and authorities if the notice of motion uses a form adopted or approved by the Judicial Council.

The name of the deputy or assistant district attorney or attorney of the child support agency, who is not attorney of record, and the State Bar number of the attorney of record or any of his or her assistants are not required.

Notwithstanding any other rule, including but not limited to rule 2.100-2.119, the name, address, and telephone number of the county child support agency and the name of the attorney of record are sufficient for any papers filed by the child support agency.

The mandatory Request for Telephone Appearance (Governmental) (form FL-679) must be filed to request a telephone appearance.

Any opposition to a request to appear by telephone must be made by declaration under penalty of perjury under the laws of the State of California.

The clerk must issue the original summons in accordance with Code of Civil Procedure section 412.20 by filing the original form FL-600 and affixing the seal of the court.

The clerk must accept the Summons and Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental) (form FL-600) for filing under Code of Civil Procedure section 411.10.

Upon issuance of the original summons, the clerk must conform copies of the filed form FL-600 to reflect that the complaint has been filed and the summons has been issued.

The original form FL-600 must be retained in the court's file.

A form must be considered complete if items 1b, 1c, 2, 5, and 6 are completed. Either item 3 or item 4 must also be completed as appropriate.

The court must require that a Child Support Case Registry Form (form FL-191), completed by one of the parties, be filed each time an initial court order for child support or family support or a modification of a court order for child support or family support is filed with the court.

Copies of the Child Support Case Registry Form (form FL-191) must be made available by the clerk's office and the family law facilitator's office to the parties without cost.

If the form is submitted with the judgment or order for court approval, the clerk must complete item 1a once the judgment or order has been signed by the judicial officer and filed.

The completed Child Support Case Registry Form (form FL-191) must not be stored in the court's file.

It should be date and time stamped when received and stored in an area to which the public does not have access.

A party attempting to file an initial judgment or order for child support or family support or a modification of an order for child or family support without a completed Child Support Case Registry Form (form FL-191) must be given a blank form to complete.

A support obligor may contest the validity or enforcement of an income withholding order by filing a completed request for hearing. A copy of the income withholding order must be attached.

Any subsequent proceedings filed in the same court that involve the same parties and are filed under the Uniform Interstate Family Support Act (UIFSA) must use the file number created under this rule.

When a local child support agency is providing services as required by Family Code section 17400, that agency may appear in any action or proceeding that it did not initiate by giving written notice to all parties, on Notice Regarding Payment of Support (form FL-632), that it is providing services in that action or proceeding under title IV-D of the Social Security Act.

The agency must file the original of the notice in the action or proceeding with proof of service by mail on the parties.

On service and filing of the notice, the court must not require the local child support agency to file any other notice or pleading before that agency appears in the action or proceeding.

All enforcement and modification of support orders in consolidated cases must occur in the primary court action regardless of in which action the order was originally issued.

Notwithstanding any other rule, including but not limited to rule 367, upon consolidation of cases with child support orders, all filings in those cases, whether dealing with child support or not, must occur in the primary court action and must be filed under that case, caption, and number only.

Absent an order upon showing of good cause, the cases or child support orders must be consolidated into a single court file according to the following priority, including those cases or orders initiated or obtained by a local child support agency under division 17 of the Family Code that are consolidated under either section 1048(a) of the Code of Civil Procedure or section 17408 of the Family Code:

(D) If none of the cases or child support orders to be consolidated is in an action for nullity, dissolution, or legal separation or in an action under the Uniform Parentage Act, the case or cases with the higher number or numbers must be consolidated into the case with the lowest number, which must be the primary file. Child support orders in cases brought under the Domestic Violence Protection Act (Fam. Code, div. 10, pt. 4) or any similar law may be consolidated under this rule. However, a domestic violence case must not be designated as the primary file.

The notice must state the date of the consolidation, the primary file number, and the case number of each of the cases so consolidated.

When an order of consolidation of actions has been made under section 1048(a) of the Code of Civil Procedure in cases in which a local child support agency is appearing under section 17400 of the Family Code, or when a motion to consolidate or combine two or more child support orders has been made under section 17408 of the Family Code, the cases in which those orders were entered must be consolidated as follows:

(B) If none of the cases or child support orders to be consolidated is in an action for nullity, dissolution, or legal separation, but one of the child support orders to be consolidated has been issued in an action under the Uniform Parentage Act (Fam. Code, div. 12, pt. 3), all orders so consolidated must be consolidated into that action, which must be the primary file.

The order consolidating cases that contain child support orders must designate the primary court file into which the support orders must be consolidated and must also designate the court files that are subordinate.

All further orders must be issued only in the primary action, and no further orders may be issued in a subordinate court file.

If the local child support agency was not a participant in the proceeding in which the consolidation was ordered, the court must designate the party to prepare and file the notice.

(C) If none of the cases or child support orders to be consolidated is in an action for nullity, dissolution, or legal separation or in an action under the Uniform Parentage Act, but one of the child support orders to be consolidated has been issued in an action commenced by a Petition for Custody and Support of Minor Children (form FL-260), all orders so consolidated must be consolidated into that action, which must be the primary file.

Upon issuance of the consolidation order, the local child support agency must prepare and file in each subordinate case a Notice of Consolidation (form FL-920), indicating that the support orders in those actions are consolidated into the primary file.

(A) If one of the cases or child support orders to be consolidated is in an action for nullity, dissolution, or legal separation brought under division 6 of the Family Code, all cases and orders so consolidated must be consolidated into that action, which must be the primary file.

The party designation in the superior court of this state, responding to new actions initiated under the Uniform Interstate Family Support Act (Fam. Code, div. 9, pt. 5, ch. 6, commencing with § 4900), must be the party designation that appears on the first page of the Uniform Support Petition (form FL-500/OMB 0970-0085) in the action.

The party designation in all support actions registered for enforcement or modification must be the one that appears in the original (earliest) order being registered.

A party must disclose in superior court whether there is any related action in tribal court in the first pleading, in an attached affidavit, or under oath.

The superior court must allow the parties to participate in, and must prepare a record of, any communication made with the tribal court judge.

Before filing a motion for case transfer of a child support matter from a superior court to a tribal court, the party requesting the transfer, the state title IV-D agency, or the tribal IV-D agency must provide the parties with notice of their right to object to the case transfer and the procedures to make such an objection.

If the superior court denies the request for transfer, the court must state on the record the basis for denying the request.

(A) The identities of the parties;

(E) Any other factor supporting the child's or parents' connection to the tribe.

(D) Whether there are other children of the obligor subject to child support obligations;

(C) The remedy available in the superior court or tribal court; and

The objecting party has the burden of proof to establish good cause not to transfer to tribal court.

If the superior court grants the request for transfer, it must issue a final order on the request to transfer including a determination of whether concurrent jurisdiction exists.

On the filing of a timely objection to the transfer, the superior court must conduct a hearing on the record considering all the relevant factors set forth in (f).

(D) Any other factors deemed necessary by the superior court.

(A) Whether the child is a tribal member or eligible for tribal membership;

Once the superior court has granted the application to transfer and has received confirmation that the tribal court has accepted jurisdiction, the superior court clerk must deliver a copy of the entire file, including all pleadings and orders, to the clerk of the tribal court within 20 days of confirmation that the tribal court has accepted jurisdiction.

When ruling on a motion to transfer, the superior court must first make a threshold determination that concurrent jurisdiction exists.

(B) The convenience of the parties and witnesses;

A party's disclosure of a related action must include the names and addresses of the parties to the action, the name and address of the tribal court where the action is filed, the case number of the action, and the name of judge assigned to the action, if known.

The superior court must notify the tribal court upon receipt of the materials and the date scheduled for the hearing of the motion to transfer.

When the tribal court determines that retaining jurisdiction is not in the child’s or parties’ best interest, the tribe’s motion to transfer to superior court must include the tribal court’s transfer order and the entire file.

(B) Whether one or both of the child's parents are tribal members or eligible for tribal membership;

In making a determination on the motion for case transfer, the superior court may not consider the perceived adequacy of tribal justice systems.

(C) Whether one or both of the child's parents live on tribal lands or in tribal housing, work for the tribe, or receive tribal benefits or services;

The superior court may, on its own motion or on the motion of any party and after notice to the parties of their right to object, transfer a child support and custody provision of an action in which the state is providing services under Family Code section 17400 to a tribal court, as defined in (a).

The support obligor's motion in superior court to establish mistaken identity must be filed on Request for Order (form FL-300) with appropriate attachments.

The support obligor must also file as exhibits to the request for order a copy of the claim of mistaken identity that he or she filed with the local child support agency and a copy of the local child support agency's denial of the claim.

The judgment must be retained by the court as a paternity record under Government Code section 68152.

The court must retain any child custody, visitation, or support order filed in a Domestic Violence Prevention Act as a Family Law order under Government Code section 68152(c)(5).

The person submitting a request must complete and file Request to Keep Minor's Information Confidential (form DV-160), a confidential form.

(i) If the minor is a party to the action, the court must use the initials of the minor, or other initials at the discretion of the court.

A request for confidentiality may be made by a minor or legal guardian.

A request for confidentiality by a legal guardian may be made for more than one minor.

After a confidentiality order is made, a party seeking to file a document or form must attach form DV-175 to its front.

If the court grants a request for confidentiality, the order must specifically identify the information about the minor in Request for Domestic Violence Restraining Order (form DV-100) and any other applicable document that must be kept confidential.

Any person or entity may request release of confidential information by filing form DV-176 and proposed order form DV-179 with the court.

In addition, the court must use only initials to identify both parties to the action if using the other party's name would likely reveal the identity of the minor.

(B) The minor or person making the request for confidentiality and any person who has been served with a notice of confidentiality must submit a copy of the order of confidentiality (form DV-165) in any family law case and any other civil case with the same parties.

a. The order (form DV-179) granting the release of confidential information must be prepared in a manner consistent with the procedures outlined in (f).

(ii) If the minor is not a party to the action, the court must not include any information that would likely reveal the identity of the minor, including whether the minor lives with the person making the request for confidentiality.

The protected person and the person requesting confidentiality (if not the protected person) must be provided up to three copies of redacted and unredacted copies of any request or order form.

The court is not required to keep a copy of the cover sheet.

(2) Confirmation of receipt of the request for registration of the order; and

(3) Return of copies of the registered order to the tribal court or the protected person.

The written procedure or local rule developed in consultation with the local tribal court or courts must provide a process for:

(1) The tribal court or courts to contact a representative of the superior court to inform him or her that a request for registration of a tribal court protective order will be made;

Neither the cover sheet nor the special handling instructions are to be filed in the case.

The Fax Transmission Cover Sheet for Registration of Tribal Court Protective Order (form DV-610) or similar cover sheet established by written procedure or local rule must be used when fax filing a tribal court protective order.

The court must use Bifurcation of Status of Marriage or Domestic Partnership-Attachment (form FL-347) as an attachment to the order after hearing in these matters.

In cases involving division of pension benefits acquired by the parties during the marriage or domestic partnership, the court must use Pension Benefits-Attachment to Judgment (form FL-348) to set out the orders upon severance of the status of marriage or domestic partnership.

file a certificate of mailing or a certificate of electronic service.

Requests for separate trial regarding alternate date of valuation under Family Code section 2552(b) must be accompanied by a declaration stating the following:

All pension plans that have not been divided by court order that require joinder must be joined as a party to the case before a petitioner or respondent may file a request for a separate trial to terminate marital status or the domestic partnership.

(1) The proposed alternate valuation date;

(3) The reasons supporting the alternate valuation date.

A party requesting a separate trial or responding to a request for a separate trial must complete Application or Response to Application for Separate Trial (form FL-315).

(2) Whether the proposed alternate valuation date applies to all or only a portion of the assets and, if the Request for Order (FL-300) is directed to only a portion of the assets, the declaration must separately identify each such asset; and

The form serves as a temporary qualified domestic relations order and must be attached to the status-only judgment

A certificate of probable cause must state, in general terms, the reason immediate appellate review is desirable, such as a statement that final resolution of the issue:

(C) A statement of why, in the context of the case, an immediate appeal is desirable.

A summary of evidence and oral proceedings, if relevant, supported by a declaration of counsel may be used when a transcript is not available.

The order deciding the bifurcated issue may include an order certifying that there is probable cause for immediate appellate review of the issue.

(D) A sufficient partial record to enable the Court of Appeal to determine whether to grant the motion.

(B) Any statement of decision;

(A) A copy of the decision of the trial court on the bifurcated issue;

(C) The certification of the appeal; and

If a party notifies the court of the need for an additional record, the additional material must be secured from the trial court by augmentation under rule 8.155, unless it appears to the Court of Appeal that some of the material is not needed.

(A) A brief statement of the facts necessary to an understanding of the issue;

(B) A statement of the issue;

If trial briefs will be required, they must comply with the requirements of rule 5.394.

(6) Any legal arguments on which a party intends to rely; and

(2) A brief summary of the case;

(1) The statistical facts and any disputes about the statistical facts.

(7) Any other matters determined by the judge to be necessary and provided to the parties in writing.

(4) A brief statement summarizing the contents of any appraisal or expert report to be offered at trial;

(3) A statement of any issues that need to be resolved at trial;

(5) A list of the witnesses to be called at trial and a brief description of the anticipated testimony of each witness, as well as name, business address, and statement of qualifications of any expert witness;

A judgment based on a default must include disposition of all matters subject to the court's jurisdiction for which a party seeks adjudication or an explicit reservation of jurisdiction over any matter not proposed for disposition at that time.

No default may be entered in any proceeding unless a request has been completed on a Request to Enter Default (form FL-165) and filed by the petitioner.

A Property Declaration (form FL-160) is not required if the petition contains no request for property.

For the purpose of completing the declaration of mailing, unless service was by publication and the address of respondent is unknown, it is not sufficient to state that the address of the party to whom notice is given is unknown or unavailable.

However, an Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) are not required if the petition contains no request for support, costs, or attorney's fees.

The court may not require any additional forms or attachments.

Basic information for correction of the defects must be included in any notification to attorneys or self-represented litigants made under (a).

The court must conduct a procedural review of all the documents submitted for judgment based on default or uncontested judgments submitted under Family Code section 2336 and notify the attorneys or self-represented litigants who submitted them of all identified defects.

A stipulated judgment must include disposition of all matters subject to the court's jurisdiction for which a party seeks adjudication or an explicit reservation of jurisdiction over any matter not proposed for disposition at that time.

At the end of the stipulated judgment, immediately above the judge’s signature space, include the specified party agreement and attorney approval lines.

A stipulated judgment (which must be attached to form FL-180 or form FL-250) may be submitted to the court for signature as an uncontested matter or at the time of the hearing on the merits and must contain the exact terms of any judgment proposed to be entered in the case.

This rule applies to local child support agency proceedings except that the notice of entry of judgment must be on Notice of Entry of Judgment and Proof of Service by Mail (form FL-635).

(1) The local child support agency must use form Notice of Entry of Judgment and Proof of Service by Mail (form FL-635);

(3) An envelope addressed to the local child support agency need not be submitted.

In support proceedings initiated by the local child support agency, an envelope addressed to the child support agency need not be submitted.

(2) The local child support agency may specify in the certificate of mailing that the address where the Notice of Entry of Judgment (form FL-190) was mailed is on file with the local child support agency; and

It must specify in the certificate of mailing the place where notices have been given to the other party.

Failure to complete the form or to submit the envelopes is cause for refusal to sign the judgment until compliance with the requirements of this rule.

(1) Stamped envelopes addressed to the parties (if they do not have attorneys), or to the attorneys of record (if the parties are represented) that show the address of the court clerk as the return address; and

If service was by publication and the address of respondent or defendant is unknown, those facts must be stated in place of the required address.

Form FL-190 must be fully completed except for the designation of the date entered, the date of mailing, and signatures.

(2) An original and at least two additional copies of the Notice of Entry of Judgment (form FL-190).

The attorney is responsible for filing and serving the order on the client and other parties after the hearing, unless the court directs otherwise.

Unless otherwise directed by the court, the attorney must prepare the Order on Completion of Limited Scope Representation (form FL-958) and obtain the judge's signature.

A Notice of Completion of Limited Scope Representation (form FL-955) with the "Proposed" box marked and the deadline for the client to file the objection completed by the attorney;

If a litigant seeks a court order for attorney's fees incurred as a result of document preparation, the litigant must disclose to the court information required for a proper determination of attorney's fees, including the name of the attorney who assisted in the preparation of the documents, the time involved or other basis for billing, the tasks performed, and the amount billed.

Must file the final Notice of Completion of Limited Scope Representation (form FL-955) with the court, and attach the proofs of service of both the "Proposed" and "Final" notices of completion;

Before being relieved as counsel, the limited scope attorney must file and serve the order after hearing or judgment following the hearing or trial at which he or she provided representation unless:

In a family law proceeding, an attorney who contracts with a client to draft or assist in drafting legal documents, but does not make an appearance in the case, is not required to disclose within the text of the document that he or she was involved in preparing the documents.

A party and an attorney must provide the required notice of their agreement for limited scope representation by serving other parties and filing with the court a Notice of Limited Scope Representation (form FL-950).

(4) Any other papers relevant to the relief requested.

A Financial Statement (Simplified) (form FL-155) is not appropriate for use in proceedings to determine or modify attorney's fees and costs.

(1) Responsive Declaration to Request for Order (form FL-320);

(D) A personal declaration in support of the request for attorney's fees and costs, either using Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in form FL-158; and

(1) "Current" is defined as being completed within the past three months, provided that no facts have changed.

(3) A personal declaration responding to the request for attorney's fees and costs, either using Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in form FL-158; and

(C) A current Income and Expense Declaration (form FL-150);

(A) Request for Order (form FL-300);

The form must be sufficiently completed to allow determination of the issues.

Both parties must complete, file, and serve a current Income and Expense Declaration (form FL-150).

(2) When attorney's fees are requested by either party, the section on the Income and Expense Declaration (form FL-150) related to the amount in savings, credit union, certificates of deposit, and money market accounts must be fully completed, as well as the section related to the amount of attorney's fees incurred, currently owed, and the source of money used to pay such fees.

This form is an attachment to Findings and Order After Hearing (form FL-340), Judgment (form FL-180), and Judgment (Uniform Parentage-Custody and Support) (form FL-250).

(B) Request for Attorney's Fees and Costs Attachment (form FL-319) or a comparable declaration that addresses the factors covered in form FL-319;

(2) A current Income and Expense Declaration (form FL-150);

The court may make findings and orders regarding attorney's fees and costs by using Attorney's Fees and Costs Order Attachment (form FL-346).

(2) The party requesting attorney's fees and costs must provide the court with sufficient information about the attorney's hourly billing rate; the nature of the litigation; the attorney's experience in the particular type of work demanded; the fees and costs incurred or anticipated; and why the requested fees and costs are just, necessary, and reasonable.

(E) Any other papers relevant to the relief requested.

Each court must develop a written protocol for a grievance procedure for processing and responding to any complaints against a family law facilitator.

Each court must develop a written protocol to provide services when a facilitator deems himself or herself disqualified or biased.

The requirements of Penal Code section 136.2(f)(1) and (2).

(4) Prepare a written report, which must:

(3) Inform the parties that Family Court Services must:

Each minor must file written consent from a parent with legal authority or a legal guardian in addition to form FL-910, unless no such person is capable of consenting; form FL-912 may be used.

(2) Interview at least one of the parents or the legal guardian of each party who is a minor, if the minor has a parent or legal guardian.

(i) Separately and privately interview each of the parties;

(B) Participate in counseling concerning the social, economic, and personal responsibilities incident to the marriage or domestic partnership before the marriage or domestic partnership is established.

(A) Include an assessment of any potential force, threat, persuasion, fraud, coercion, or duress by either of the parties or their family members relating to the intended marriage or domestic partnership;

(i) Must not require the parties to confer with counselors provided by religious organizations of any denomination;

(B) The parties may subsequently be interviewed together.

(B) Complete Order and Notices to Minor on Request to Marry or Establish a Domestic Partnership (form FL-915).

(B) Include recommendations for granting or denying the parties permission to marry or establish a domestic partnership; and

If more than one parent or legal guardian is interviewed, the parents or guardians must be interviewed separately.

(ii) Consider whether there is any evidence of coercion or undue influence on the minor.

(1) Interview the parties intending to marry or establish a domestic partnership.

(1) The minor and the minor's proposed spouse or domestic partner must complete and file with the court clerk a Request of Minor to Marry or Establish a Domestic Partnership (form FL-910).

(iv) May require the parties to file a certificate of completion of counseling before granting permission to marry or establish a domestic partnership.

(ii) Must consider, among other factors, the ability of the parties to pay for the counseling in determining whether to order the parties to participate in counseling;

(C) Submit a report of known or suspected child abuse or neglect to the county child protective services agency if Family Court Services knows or reasonably suspects that either party is a victim of child abuse or neglect.

(C) Be submitted to the parties and the court.

(A) Appear at a hearing to consider whether it is in the best interest of the minor to marry or establish a domestic partnership.

(A) The parties must initially be interviewed separately;

Any petition for modification or termination of an agreement must be filed on Request to: Enforce, Change, End Contact After Adoption Agreement (form ADOPT-315).

Any agreement must be prepared and submitted on Contact After Adoption Agreement (form ADOPT-310) and include all terms required under section 8616.5

Any petition for enforcement of an agreement must be filed on Request to: Enforce, Change, End Contact After Adoption Agreement (form ADOPT-315).

Each adoptee or sibling under the age of 18 years may submit a waiver to the department or the licensed adoption agency, provided that a consent is also completed.

A sibling requesting contact under Family Code section 9205 must file a petition and submit a blank order to the court that finalized the adoption of either sibling.

If the sibling requesting contact is under the age of 18 years, the petition must be filed through the sibling's duly appointed guardian ad litem under Code of Civil Procedure section 373 or through the sibling's attorney.

If the sibling is currently under the jurisdiction of the juvenile court and his or her parent or legal guardian is unable or unavailable to sign the consent, the court may sign it.

(ii) If the receiving court has not issued a custody or visitation order in the pending proceeding, the clerk must not file the received order in that proceeding, but must instead proceed under subparagraph (C).

(C) If no dependency, family law, or guardianship proceeding affecting custody or visitation of the child is pending, the order must be used to open a new custody proceeding in the receiving court.

(i) If the receiving court has issued a custody or visitation order in the pending proceeding, the clerk must file the received order in that proceeding.

(3) Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105/GC-120) must be filed with a petition or motion for visitation by a former guardian.

When a parent has custody of the child following termination of a probate guardianship, a former guardian's request for modification of the probate court visitation order, including an order denying visitation, must be brought in a proceeding under the Family Code.

The clerk must immediately open a family law file without charging a filing fee, assign a case number, and file the order in the new case file.

Except as directed in subparagraph (B), when the receiving court clerk receives a juvenile or probate court custody or visitation order, the clerk must file it in any pending proceeding of the listed types that affects the child's custody or visitation.

In these proceedings, inquiry is required in accordance with rule 5.481(a).

(C) Order the parent, Indian custodian, or guardian, if available, to complete Parental Notification of Indian Status (form ICWA-020).

The petitioner must on an ongoing basis include in its filings a detailed description of all inquiries, and further inquiries it has undertaken, and all information received pertaining to the child's Indian status, as well as evidence of how and when this information was provided to the relevant tribes.

and must complete the Indian Child Inquiry Attachment (form ICWA-010(A)) and attach it to the petition unless the party is filing a subsequent petition, and there is no new information.

When there is reason to know the child is an Indian child but insufficient evidence to determine the child's status, the record must include a report, declaration, or testimony confirming that the agency or other party used due diligence, including the further inquiry and tribal contacts described in subdivision (a)(4).

(B) Proof of notice must be filed with the court within 10 days after the filing of the petition.

Proof of notice in accordance with this rule must be filed with the court in advance of the hearing, except for those excluded by (a)(2) and (3), and must include Notice of Child Custody Proceeding for Indian Child (form ICWA-030), return receipts, and any responses received from the Bureau of Indian Affairs and tribes.

A tribe may, but is not required to, file form ICWA-040 with the court to give notice of its intent to intervene.

The court must issue its final order on the Order on Petition to Transfer Case Involving an Indian Child to Tribal Jurisdiction (form ICWA-060).

All of the findings, orders, or modifications of orders that have been made in the case;

Directions that a copy of the transfer order and the findings of fact must be maintained by the transferring court.

Include in the Order on Petition to Transfer Case Involving an Indian Child to Tribal Jurisdiction (form ICWA-060) all contact information for the designated tribal court representative.

Directions that all papers contained in the child case file must be transferred to the tribal court; and

Directions for the agency to release the child case file to the tribe having jurisdiction under section 827.15 of the Welfare and Institutions Code;

The name and address of the tribe to which jurisdiction is being transferred;

A parent, Indian custodian, or the child's tribe may request transfer orally, in writing, or by filing form ICWA-050.

If it appears that there is good cause to deny a transfer, the court must hold an evidentiary hearing on the transfer and make its findings on the record.

If the court believes, or any party asserts, that good cause to deny the request exists, the reasons for that belief or assertion must be stated orally on the record or in writing, in advance of the hearing, and made available to all parties who are requesting the transfer, and the petitioner must have the opportunity to provide information or evidence in rebuttal of the belief or assertion.

Upon receipt of a transfer petition, the state court must ensure that the tribal court is promptly notified in writing of the transfer petition.

When the court grants a transfer petition under the stated statutes and rule, it must advise the parties orally and in writing that an appeal must be made before transfer is finalized and that failure to obtain a stay results in loss of appellate jurisdiction.

If the request is made orally, the court must document the request and make it part of the record.

(1) Restoring the child to the parent or Indian custodian would subject the child to imminent physical damage or harm;

(1) A statement of the risk of imminent physical damage or harm to the child and any evidence that the emergency removal or placement continues to be necessary to prevent such imminent physical damage or harm to the child;

(6) The residence and the domicile of the Indian child;

(3) It has not been possible to have a hearing that complies with the substantive requirements of the Indian Child Welfare Act for a foster care placement proceeding.

(3) The name and address of the child's parents and Indian custodian, if any;

(2) The name, age, and last known address of the Indian child;

Whenever it is known or there is reason to know the case involves an Indian child, the court may not order an emergency removal or placement of the child without a finding that the removal or placement is necessary to prevent imminent physical damage or harm to the child.

If the court determines that the child's emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the child, the court must order the child returned to the physical custody of the parents or Indian custodian.

(1) Whenever it is known or there is reason to know the child is an Indian child and there has been an emergency removal of the child from parental custody, any party who asserts that there is new information indicating that the emergency situation has ended may request an ex parte hearing by filing a request on Request for Ex Parte Hearing to Return Physical Custody of an Indian Child (form ICWA-070) to determine whether the emergency situation has ended.

(4) The steps taken to provide notice to the child's parents, Indian custodian, and tribe about the emergency proceeding;

(11) A statement of the efforts that have been taken to assist the parents or Indian custodian so the Indian child may safely be returned to their custody.

(2) The court has been unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe; and

(7) If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village;

At the hearing the court must consider whether the child's removal and placement is still necessary to prevent imminent physical damage or harm to the child.

(8) The tribal affiliation of the child and of the parents or Indian custodian;

(9) A specific and detailed account of the circumstances that led to the emergency removal of the child;

(5) If the child's parents and Indian custodian are unknown, a detailed explanation of what efforts have been made to locate and contact them;

(10) If the child is believed to reside or be domiciled on a reservation where the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and are being made to contact the tribe and transfer the child to the tribe's jurisdiction; and

(3) In accordance with rules 3.10 and 3.20, this procedure is governed by the provisions of division 6, chapter 3 and division 11, chapter 4 of title 3 of the California Rules of Court.

When no preferred placement is available, active efforts must be made and documented to place the child with a family committed to enabling the child to have visitation with "extended family members," as defined in 25 United States Code section 1903(2), and participation in the cultural and ceremonial events of the child's tribe.

The unavailability of a suitable placement within the placement preferences based on a documented diligent effort to identify placements meeting the preference criteria.

The active efforts must be documented in detail in the record.

Stipulation by the parent, Indian custodian, or tribe, or failure to object, may waive the requirement of producing evidence of the likelihood of serious damage only if the court is satisfied that the person or tribe has been fully advised of the requirements of the Indian Child Welfare Act and has knowingly, intelligently, and voluntarily waived them. Any such stipulation must be agreed to in writing.

If a biological parent has executed an affidavit requesting confidentiality of their identity, the court must provide it to the Bureau of Indian Affairs.

After granting a decree of adoption of an Indian child, the court must provide the Secretary of the Interior with a copy of the decree and the following information:

(3) The names and addresses of the adoptive parents; and

(4) The agency maintaining files and records regarding the adoptive placement.

(2) The names and addresses of the biological parents;

(1) The name and tribal affiliation of the Indian child;

(1) The adoption agency or provider is accredited by the Council on Accreditation, is supervised by an accredited primary provider, or is acting as an exempted provider, as defined in Family Code section 8900.5(g), to provide intercountry adoption services for convention cases;

When the Convention applies and the court is asked to support a request for a Hague Adoption Certificate or Hague Custody Declaration, the court must receive sufficient evidence of the child’s eligibility and the placement’s best interest, including all listed evidence.

(3) The court grants custody of the child to the named family for purposes of adoption, as applicable.

(12) The petitioner consents to adoption or has agreed to accept custody of the child for purposes of adoption;

(1) The child is eligible for adoption;

If the adoption is not finalized in California, a petition for a Hague Custody Declaration must state specific facts indicating that the petitioner intends to finalize the adoption in petitioner's country of residence or that petitioner will return to California after any required post-placement supervisory period to finalize the adoption in a superior court of California.

(2) The court must determine whether a child resident in the United States has been or will be moved to a convention country in connection with an adoption by an individual or individuals residing in a convention country.

(7) The Hague Adoption Convention authority designated by the receiving country has declared that the child will be permitted to enter and reside permanently or on the same basis as the adopting parent(s) in the receiving country, and has consented to the adoption;

When the Convention applies and the court is asked to support a request for a Hague Adoption Certificate or Hague Custody Declaration, evidence must include a completed petitioner home study with the specified information, competent-authority confirmation, and criminal background check results.

(5) The agency has determined that the placement is in the child's best interest;

If the court is satisfied that all Hague Adoption Convention requirements have been met, the court must make findings of fact and order the following:

When the Convention applies and the court is asked to support a request for a Hague Adoption Certificate or Hague Custody Declaration, evidence must establish that all appropriate written consents were obtained and satisfy each listed standard.

(2) The grant of custody with respect to the proposed adoption is in the child's best interest; and

When the Convention applies and the court is asked to support a request for a Hague Adoption Certificate or Hague Custody Declaration, evidence must show the agency’s reasonable efforts to place the child in the United States without success, or that an exception applies; the listed efforts include at least 60 calendar days of registry listing after birth.

The Adoption Request and Verification of Compliance attachment must allege specific facts about the Convention’s applicability and which adoption or Hague document the petitioner seeks.

(2) The substantive regulatory requirements set forth in 22 Code of Federal Regulations sections 97.3(a)-(k) have been met; and

(13) The adoption agency or provider demonstrates that any contact between the birth family and the adoptive family complies with applicable state law and federal regulations governing the timing of such communications; and

(14) The adoption agency or provider certifies that no one is deriving improper financial gain from the adoption and describes the financial arrangement with the prospective adoptive family.

(3) The adoption services provider meets the requirements of 22 Code of Federal Regulations part 96.

(10) The adoption agency or provider has committed to taking all steps to ensure the secure transfer of the child, including obtaining permission for the child to leave the United States;

(1) The adoption is in the child's best interest;

(11) The adoption agency or provider has agreed to keep the receiving country's designated Hague Adoption Convention authority informed about the status of the case;

(2) A child background study has been completed and transmitted to a foreign authorized entity in accordance with the regulations governing convention adoptions with proof that the necessary consents have been obtained and the reason for its determination that the proposed placement is in the child's best interest, based on the home study and child background study and giving due consideration to the child's upbringing and his or her ethnic, religious, and cultural background;

(9) As appropriate in light of the child's age and maturity, the child has been counseled and informed of the effects of the adoption and the child's views have been considered. If the child's consent is required, the child has also been counseled and informed of the effects of granting consent and has freely given consent expressed or evidenced in writing in the required legal form without any inducement by compensation of any kind;

The court must make findings relating to the application for a Hague Adoption Certificate or Hague Custody Declaration from the Department of State. To meet the requirements for issuance of the certificate or declaration, the findings must include that:

(3) The child is eligible for adoption under California law;

A United States resident who plans to adopt, in California, a child resident in a foreign country that is party to the Hague Adoption Convention must provide to the California court the required proof, in the form of a Hague Custody Declaration, that all required Hague Adoption Convention findings have been made by the child's country of residence.

(C) A certified translation of all documents described in this subdivision that are not written in English;

(B) A certified or otherwise official copy of the child's foreign birth certificate;

(F) A copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services, in accordance with Family Code section 8900.

(E) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the state of California; and

(B) Blank copies of all forms required to initiate the request for adoption under California law; and

(C) Any document required in (b)(1) that is in the possession of the adoption agency.

(A) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country;

(A) A signed cover sheet containing the name, date of birth, and date of entry to the United States of the child, the name and address of the adoptive parent or parents, and the name and contact information for the adoption agency;

(D) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents;

(2) If a request for adoption under California law is initiated under (a)(2), the clerk of the court must file-stamp the request to allow the adoption agency to fulfill its obligations under (a)(2)(B).

(D) The court sends written notice of its election to change the form or format of the mandatory form to the Family and Juvenile Law Advisory Committee and submits additional informational reports as requested by the committee.

(C) The order is an otherwise legally sufficient court order, as provided in rule 1.31(g), concerning orders not on Judicial Council mandatory forms; and

Before the CCMS module is implemented, each local court must collect and submit to the Judicial Council the specified subset of juvenile-dependency data that it can reasonably collect and submit using its existing system and resources.

Establish a procedure to assist the local courts in submitting the required data to the Judicial Council;

Use the data submitted under (c)(2) to test and refine the detailed definitions of the performance measures and descriptions of the methods for producing the performance measures described in the Implementation Guide to Juvenile Dependency Court Performance Measures;

Use the data submitted under (c)(3) to conduct ongoing testing, refining, and updating of the information in the Implementation Guide to Juvenile Dependency Court Performance Measures;

Establish a program to assist the local courts in collecting, preparing, analyzing, and reporting the data required by this rule;

Upon the request of any local court, extract data from the system and prepare county-level reports to meet data reporting requirements;

The CCMS family and juvenile law module must be capable of collecting the required data and producing performance-measure reports.

Assist the courts in using the data to achieve improved outcomes for children and families in the dependency system, make systemic improvements, and improve resource allocation decisions.

Consult with local courts about the accuracy of the data submitted under (c)(2).

Use the data submitted under (c)(3) to generate aggregate data reports on performance measures, consistent with section 16543, while not disclosing identifying information about children, parents, judicial officers, and other individuals in the dependency system;

After such consultation, use data to generate aggregate data reports on performance measures, consistent with section 16543, while not disclosing identifying information about children, parents, judicial officers, and other individuals in the dependency system;

On implementation of the CCMS family and juvenile law module in a local court, and as the necessary data elements become electronically available, the local court must collect and submit to the Judicial Council the juvenile dependency data described in (b) and further delineated in the Implementation Guide to Juvenile Dependency Court Performance Measures.

(3) The history of any physical, sexual, or emotional abuse of the child;

(10) Any services or community agencies that are available to assist the child and his or her family;

The notice must be directed to the judicial officer or department that will conduct the hearing.

(1) A description of the nature of the referral;

(12) A statement by any CASA volunteer currently appointed for the child.

(6) The parents' cooperation with the child's school;

The joint assessment report must include a joint recommendation if the departments agree on status, or each department’s separate recommendation if they disagree.

(3) The assessment report need not be prepared before the petition is filed but must be provided to the court for the hearing as stated in (e).

(5) The prior record of the child for out-of-control or delinquent behavior;

The court must make a determination regarding the appropriate status of the child and state its reasons on the record or in a written order.

(4) The prior record of the child's parents for abuse of this or any other child;

On or before January 1, 2004, the probation and child welfare departments of each county must adopt a written protocol for the preparation of joint assessment reports, including procedures for resolution of disagreements between the probation and child welfare departments, and submit a copy to the Judicial Council.

If the departments cannot agree on which will prepare the joint assessment report, then the department in the county where the petition is to be filed must prepare the joint assessment report.

(11) A statement by any counsel currently representing the child; and

(2) The age of the child;

(9) The history of involvement of any agencies or professionals with the child and his or her family;

the child welfare and probation departments in that county must assess the child under a jointly developed written protocol and prepare a joint assessment report to be filed in that county.

(8) The nature of the child's home environment;

(1) The joint assessment report must contain the recommendations and reasoning of both the child welfare and the probation departments.

(7) The child's functioning at school;

The original completed Agreement of Parent or Indian Custodian to Temporary Custody of Indian Child (form ICWA-101) must be retained by the court with a copy to the agency;

using Agreement of Parent or Indian Custodian to Temporary Custody of Indian Child (form ICWA-101).

(C) Whether mediation is voluntary or mandatory;

(E) Any limitations on the confidentiality of the process;

(A) When at all possible, dependency mediation should include the direct and active participation of the parties, including but not limited to the child, the parents or legal guardian, a representative of the child protective agency, and, at some stage, their respective attorneys.

(B) The performance of a differential domestic violence assessment to determine the nature of the violence, for the purposes of:

(G) The child's right to leave the mediation session if his or her emotional or physical well-being is threatened.

(B) The importance of keeping confidential all communications, negotiations, or settlement discussions by and between the participants in the course of mediation;

(6) Protocols related to the inclusion of children in the mediation, including a requirement that the mediator explain in an age-appropriate way the mediation process to a participating child.

(A) The mediation process, the typical participants, the range of disputes that may be discussed, and the typical outcomes of mediation;

(E) Distribute a certificate of completion to each person who has completed the training. The certificate must document the number of hours of training offered, the number of hours the person completed, the dates of the training, and the name of the training provider.

(C) A mediation structure designed to meet the need of the victim of violence for safety and for full and noncoerced participation in the process, which structure must include:

(ii) Permission for the victim to have a support person present during the mediation process, whether he or she elects to be seen separately from or together with the alleged perpetrator.

(3) A method by which the mediator may review relevant case information before the mediation.

This procedure must include the requirement that all parties and the attorneys who participate in the agreement review and approve it and indicate their agreement in writing before its submission to the court.

(E) The consequences, if any, to a party who fails to participate in the mediation process.

(D) As appropriate, other family members and any guardian ad litem, CASA volunteer, or other involved person or professional may participate in the mediation.

(iii) Assisting the parties, attorneys, and other participants in formulating an agreement following a discussion of appropriate safeguards for the safety of the child and family members; and

(B) The child has a right to participate in the dependency mediation process accompanied by his or her attorney. If the child makes an informed choice not to participate, then the child's attorney may participate. If the child is unable to make an informed choice, then the child's attorney may participate.

(8) A procedure for suspending or terminating the process if the mediator determines that mediation cannot be conducted in a safe or an appropriately balanced manner or if any party is unable to participate in an informed manner for any reason, including fear or intimidation.

(A) How the child may participate in the mediation;

(D) How mediation appointments are scheduled; and

(D) The right of a participant who has been a victim of violence allegedly perpetrated by another mediation participant to be accompanied by a support person and to have sessions with the mediators separate from the alleged perpetrator.

(C) Any attorney who has not participated in the mediation must have an opportunity to review and agree to any proposal before it is submitted to the court for approval.

(A) A review of case-related information before commencing the mediation;

(C) The mediator's role and any limitations on the confidentiality of the process; and

(F) The child's right to be accompanied, throughout the mediation, by his or her attorney and other support persons; and

(C) The role of the mediator;

(B) Who decides which cases are to be sent to mediation;

All protocols must be developed in accordance with pertinent state laws, California Rules of Court, and local court rules.

(ii) Clarifying the history and dynamics of the domestic violence issue in order to determine the most appropriate manner in which the mediation can proceed; and

(7) Policy and procedures for scheduling follow-up mediation sessions.

This protocol must include specialized procedures designed to protect victims of domestic violence from intimidation by perpetrators.

(A) Who may request mediation;

The local participation policy must recognize an alleged victim’s right to a support person, who may not actively participate unless invited or ordered under court protocols, except to provide emotional support.

The protocol must also appropriately address all family violence issues by encouraging the incorporation of appropriate safety and treatment interventions in any settlement.

(D) What the child may realistically expect from the mediation, and the limits on his or her ability to affect the outcome;

(i) An option for the victim to attend the mediation session without the alleged perpetrator being present; and

(9) A procedure for ensuring that each participant clearly understands any agreement reached during the mediation, and a procedure for presenting the agreement to the court for its approval.

(B) What occurs during the mediation process;

(4) A protocol for providing mediation in cases in which domestic violence or violence perpetrated by any other mediation participant has, or allegedly has, occurred.

(i) Assessing the ability of the victim to fully and safely participate and to reach a noncoerced settlement;

(3) In proceedings under section 602, the prosecuting attorney must file the petition.

(1) In proceedings under section 300, the social worker must file the petition;

The application must be in the form of an affidavit alleging facts showing the child is described in sections 300, 601, or 602.

A proceeding in juvenile court to declare a child a dependent or a ward of the court is commenced by the filing of a petition.

(2) In proceedings under section 601, the probation officer must file the petition; and

A fax filing must be accompanied by Fax Filing Cover Sheet (form JV-520). The cover sheet must be the first page of the transferred document.

The petition must contain the information stated in section 332.

The petition must contain the information stated in sections 656, 656.1, 656.5, 661, and, if applicable, the intent to aggregate other offenses under section 726.

The social worker or probation officer must file a declaration stating that oral notice was given and to whom.

The petition to declare a child a dependent of the court must be verified and may be dismissed without prejudice if not verified.

The petition to declare a child a ward of the court must be verified and may be dismissed without prejudice if not verified.

On the court's own motion or at the request of the petitioner, child, parent, guardian, or present caregiver, the clerk must issue subpoenas as specified in section 341 or 664.

The tribe of a child may request to participate in a case, using Request for Tribal Participation (form ICWA-042).

Notice to an incarcerated parent of a detention hearing, a review hearing, or any other hearing in a dependency proceeding must inform the incarcerated parent of his or her options for requesting physical or telephonic appearance at and participation in the hearing.

Any persons, including the child, may move to exclude a victim or a support person and must demonstrate a substantial probability that overriding interests will be prejudiced by the presence of the individual sought to be excluded. On such motion, the court must consider reasonable alternatives to the exclusion and must make findings as required under section 676.5.

A knowing waiver of the right to be physically present signed by the parent;

When the court issues an order under (f)(2) or (f)(3) in a dependency proceeding concerning a child with a section 300 petition, the notice of hearing must have forms JV-450 and JV-451 attached.

Notice to an incarcerated parent of a jurisdictional hearing, a dispositional hearing, or a section 366.26 permanency planning hearing at which termination of parental rights is at issue must inform the incarcerated parent of his or her right to be physically present at the hearing and explain how the parent may secure his or her presence or, if he or she waives the right to be physically present, appearance and participation.

A declaration, signed by the person in charge of the institution in which the parent is incarcerated, or his or her designated representative, stating that the parent has, by express statement or action, indicated an intent not to be physically present at the hearing.

(4) Ensure that the proceedings remain confidential as required by law;

(8) Ensure that any hearing at which a party appears by telephone is recorded and reported to the same extent and in the same manner as if he or she had been physically present;

(9) Ensure that the party appearing by telephone is able to communicate confidentially with his or her attorney (if any) during the proceeding and provide timely notice to all parties of the steps necessary to secure confidential communication; and

(2) Ensure that the party appearing by telephone can participate in the hearing in real time, with no delay in aural or, if any, visual transmission or reception;

(7) Permit a party to appear in person for a proceeding at the time and place for which the proceeding was noticed, even if that party had previously notified the court of an intent to appear by telephone;

(3) Ensure that the statements of participants are audible to all other participants and court staff and that the statements made by a participant are identified as being made by that participant;

(1) Allow an Indian child's tribe to appear by telephone or other computerized remote means at no charge in accordance with rule 5.482(g). The method of appearance may be determined by the court consistent with court capacity and contractual obligations, and taking account of the capacity of the tribe, as long as a method of effective remote appearance and participation sufficient to allow the tribe to fully exercise its rights is provided;

(6) Permit the party, on a showing of good cause, to appear by telephone even if he or she did not provide timely notice of intent to appear by telephone;

(10) Provide for the development of the technological capacity to accommodate appearances by telephone that comply with the requirements of this rule.

and must certify that the proceedings have been correctly reported and transcribed.

If directed by the judge, the official court reporter or authorized transcriber must file the transcript with the clerk of the court.

A party or person entitled to notice may use form EFS-005-JV/JV-141 to consent to electronic service and provide an address, withdraw consent, or change an electronic service address.

Written information about the child may be submitted to the court using the Caregiver Information Form (form JV-290) or in the form of a letter to the court.

Written information about the child may be submitted to the court using Relative Information (form JV-285) or in a letter to the court.

The written notice required by section 309 or 628 and the "Important Information for Relatives" document as distributed in California Department of Social Services All County Letter No. 09-86;

A copy of Relative Information (form JV-285), with the county and address of the court, the child's name and date of birth, and the case number already entered in the appropriate caption boxes by the social worker;

If filing in person, the caregiver must bring the original document and 8 copies to the court clerk's office for filing no later than five calendar days before the hearing.

A copy of Confidential Information (form JV-287).

The form must be delivered to the parent or guardian, or both, with the petition.

If filing by mail, the caregiver must mail the original document and 8 copies to the court clerk's office for filing no later than seven calendar days before the hearing.

At the first appearance by a party or person before the court, each party or person entitled to notice who consents to electronic service under section 212.5 must provide the court with an electronic service address by completing the appropriate Judicial Council form.

The clerk also must complete, file, and distribute Proof of Service-Juvenile (form JV-510).

The form must be available in the courtroom, in the office of the clerk, and in the offices of the social services agency.

When the tribe appears as a party by a representative of the tribe, the name of the representative and a statement of authorization for that individual or agency to appear as the tribe must be submitted to the court in the form of a tribal resolution or other document evidencing an official act of the tribe.

After each hearing before a referee, the referee must make findings and enter an order as provided elsewhere in these rules.

(3) The right of an indigent appellant to have counsel appointed by the reviewing court; and

must contain a brief statement of the factual or legal reasons for requesting the rehearing.

(1) The right of the child, parent, or guardian to appeal from the court's judgment;

(4) The right of an indigent appellant to be provided a free copy of the transcript.

(2) The necessary steps and time for taking an appeal;

Prehearing motions must be specific, noting the grounds, and supported by points and authorities.

The motion must specifically and clearly designate the items sought, state the relevancy of the items, and state that a timely request has been made for the items and that the other party has refused to provide them.

(2) If jointly made, the judge must grant the request unless the judge finds that to do so would be clearly contrary to the public interest. The terms of a grant of immunity must be stated in the record.

The court must state in its order the facts requiring any continuance that is granted.

Except for persons authorized to inspect without court authorization under sections 827 and 828 and the specific access requirements in section 827.12(a)(1), a person or agency seeking these files must petition using form JV-570.

The petitioner must complete Proof of Service—Petition for Access to Juvenile Delinquency Case File or a Living Child’s Juvenile Dependency Case File (form JV-569) and file it with the court.

Complete Proof of Service—Petition for Access to Juvenile Delinquency Case File or a Living Child’s Juvenile Dependency Case File (form JV-569) and file it in the court’s case file.

Except as authorized under section 828, anyone seeking law-enforcement information about taking a living child into custody must petition the juvenile court using form JV-575.

The specific file sought must be identified in the petition based on knowledge, information, and belief that such a files exists and is relevant to the purpose for which it is being sought.

Petitioner must describe in detail the reasons the file is being sought and its relevance to the proceeding or other purpose for which petitioner wishes to inspect or obtain the file.

Upon receiving authorization, but prior to the release of information, the probation department must enter into a formal agreement with the entity or entities conducting the research that specifies what may and may not be done with the information disclosed.

If in-camera review and consideration of objections show that all or part of a file may be accessed, the court must order what information may be accessed or disclosed and how access or disclosure will occur.

(B) Any person or agency seeking the release or disclosure of the juvenile dependency case file of a deceased child must petition the court under section 827(a)(2) using Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-584).

For a nonminor who meets one or more of the eligibility criteria in section 11403(b) to remain in placement under dependency jurisdiction as a nonminor dependent or under transition jurisdiction as a nonminor dependent, the court must order the continuation of juvenile court jurisdiction unless the court finds that:

Whether the nonminor had the opportunity to confer with the nonminor's attorney about the issues currently before the court;

The social worker or probation officer must file with the report a completed Termination of Juvenile Court Jurisdiction-Nonminor (form JV-365).

Order a permanent plan consistent with the nonminor's Transitional Independent Living Plan or Transitional Independent Living Case Plan;

The specific criteria in section 11403(b) met by the nonminor that make the nonminor eligible to remain under juvenile court jurisdiction as a nonminor dependent as defined in section 11400(v);

If the social worker or probation officer has reason to believe that the nonminor will not appear at the hearing, documentation of the basis for that belief, including: (i) Documentation of the nonminor's statement that the nonminor does not wish to appear in person or by telephone for the hearing; or (ii) Documentation of reasonable efforts to find the nonminor when the nonminor's location is unknown;

Transitional Independent Living Plan identifies the nonminor's level of functioning, emancipation goals, and specific skills needed to prepare for independence and successful adulthood on leaving foster care; and

The nonminor had an opportunity to confer with the nonminor's attorney regarding the issues currently before the court;

Set a status review hearing under rule 5.903 within six months of the date of the nonminor's most recent status review hearing.

Transitional Independent Living Case Plan when recommending continuation of juvenile court jurisdiction;

For a nonminor who does not appear in person or by telephone for the hearing, whether: (i) The nonminor expressed a wish not to appear for the hearing; or (ii) The nonminor's location remains unknown and, if so, whether reasonable efforts were made to find the nonminor.

For a covered hearing, the court's written documentation must state whether the 90-day Transition Plan is concrete and individualized and covers each area listed in (d)(1)(L)(iii).

Whether the nonminor has been informed that if juvenile court jurisdiction is terminated, the nonminor has the right to file a request to return to foster care and have the juvenile court resume jurisdiction over the nonminor as a nonminor dependent until the nonminor has attained the age of 21 years;

Whether remaining under juvenile court jurisdiction is in the nonminor's best interests and the facts supporting the conclusion reached;

The nonminor's 90-day Transition Plan includes specific options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, workforce supports and employment services, and information that explains how and why to designate a power of attorney for health care.

Most recent Transitional Independent Living Plan; and

For a nonminor to whom the Indian Child Welfare Act applies, whether the nonminor was provided with information about the right to continue to be considered an Indian child for the purposes of the ongoing application of the Indian Child Welfare Act to the nonminor;

Whether the nonminor meets one or more of the eligibility criteria in section 11403(b) to remain in foster care as a nonminor dependent under juvenile court jurisdiction and, if so, the specific criteria in section 11403(b) met by the nonminor;

Whether a nonminor who is under delinquency jurisdiction was provided with the notices and information required under section 607.5; and

The nonminor was informed of the options available to assist with the transition from foster care to independence;

The court must, in addition to any other determinations required by law, make the following findings and orders and include them in the written documentation of the hearing:

When and how a nonminor who is under delinquency jurisdiction was provided with the notices and information required under section 607.5.

The nonminor was informed that if juvenile court jurisdiction is terminated, the nonminor has the right to file a request to return to foster care and have the juvenile court resume jurisdiction over the nonminor as a nonminor dependent until the nonminor has reached 21 years of age;

For a nonminor whose current location is unknown, the court may enter an order for termination of juvenile court jurisdiction only after finding that reasonable efforts were made to locate the nonminor;

Whether the nonminor has an application pending for title XVI Supplemental Security Income benefits, and if so, whether it is in the nonminor's best interests to continue juvenile court jurisdiction until a final decision has been issued to ensure that the nonminor receives continued assistance with the application process;

For a nonminor to whom the Indian Child Welfare Act applies, when and how the nonminor was provided with information about the right to continue to be considered an Indian child for the purposes of the ongoing application of the Indian Child Welfare Act to the nonminor;

When and how the nonminor was informed that if juvenile court dependency jurisdiction or transition jurisdiction is continued the nonminor has the right to have that jurisdiction terminated;

The nonminor was provided with the information, documents, and services as required under section 391(d);

The nonminor has attained 21 years of age and is no longer subject to the jurisdiction of the court under section 303.

Whether the nonminor was provided with the information, documents, and services as required under section 391(d) and, if not, whether juvenile court jurisdiction should be continued to ensure that all information, documents, and services are provided;

Verification that the nonminor was provided with the information, documents, and services as required under section 391(d);

Whether the nonminor has an application pending for Special Immigrant Juvenile status or other immigration relief, and whether an active juvenile court case is required for that application;

Whether the nonminor has applied for Special Immigrant Juvenile status or other immigration relief and, if so, the status of that application, and whether an active juvenile court case is required for that application;

Those petitions may be decided with or without a hearing using mandatory forms Petition and Order to Exit and Reenter Jurisdiction-Nonminor Dependent (form JV-469) and Findings and Orders Regarding Exit and Reentry of Jurisdiction-Nonminor Dependent (form JV-471).

When and how the nonminor was informed that if juvenile court jurisdiction is terminated, the court maintains general jurisdiction over the nonminor for the purpose of resuming jurisdiction and the nonminor has the right to file a request to return to foster care and have the juvenile court resume jurisdiction over the nonminor as a nonminor dependent until the nonminor has attained the age of 21 years;

For a nonminor who does not meet and does not intend to meet the eligibility requirements for nonminor dependent status but who is otherwise eligible to and will remain under juvenile court jurisdiction in a foster care placement, the court must set an appropriate statutory review hearing within six months of the date of the nonminor's most recent status review hearing.

If juvenile court jurisdiction was resumed after having previously been terminated, a hearing under this rule must be held if the nonminor dependent wants juvenile court jurisdiction terminated again.

The nonminor was provided with the information, documents, and services required under section 391(e), and a completed Termination of Juvenile Court Jurisdiction-Nonminor (form JV-365) was filed with the court.

The hearing under this rule may be held during any regularly scheduled review hearing or a hearing on a petition filed under section 388 or section 778.

Completed 90-day Transition Plan.

For a nonminor who does not meet one or more of the eligibility criteria of section 11403(b) and is not otherwise eligible to remain under juvenile court jurisdiction or, alternatively, who meets one or more of the eligibility criteria of section 11403(b) but either does not wish to remain under the jurisdiction of the juvenile court as a nonminor dependent or is not participating in a reasonable and appropriate Transitional Independent Living Case Plan, the court may order the termination of juvenile court jurisdiction only after entering the following findings:

Whether the nonminor understands the potential benefits of remaining in foster care under juvenile court jurisdiction;

The social worker or probation officer is not required to file the 90-day Transition Plan, and the court need not make the findings described in (d)(1)(L)(iii) or (d)(2)(E)(vi).

The 90-day Transition Plan is a concrete, individualized plan that specifically covers the following areas: housing, health insurance, education, local opportunities for mentoring and continuing support services, workforce supports and employment services, and information that explains how and why to designate a power of attorney for health care.

Notice was given as required by law.

Whether the nonminor has been informed that if juvenile court jurisdiction is continued, the nonminor may have the right to have juvenile court jurisdiction terminated and that the court will maintain general jurisdiction over the nonminor for the purpose of resuming dependency jurisdiction or assuming or resuming transition jurisdiction over the nonminor as a nonminor dependent;

Before terminating jurisdiction under (d)(2)(E), the court must find that the nonminor received copies of forms JV-464-INFO, JV-466, JV-468, and an endorsed filed copy of form JV-365.

When and how the nonminor was provided with information about the potential benefits of remaining under juvenile court jurisdiction as a nonminor dependent, and the social worker's or probation officer's assessment of the nonminor's understanding of those benefits;

Whether remaining under juvenile court jurisdiction is in the nonminor's best interests and the facts in support of the finding made;

Continue the nonminor's status as an Indian child for the purposes of the ongoing application of the Indian Child Welfare Act unless the nonminor has elected not to have the nonminor's status as an Indian child continued; and

For a nonminor who has attained 21 years of age and is no longer subject to the jurisdiction of the juvenile court under section 303, the court must enter an order that juvenile court jurisdiction is dismissed and that the attorney for the nonminor dependent is relieved 60 days from the date of the order.

For a covered hearing, the court's written documentation must state whether the required Transitional Independent Living Case Plan contains the placement plan, agreements, and independence benchmarks specified in (d)(1)(L)(i).

A court hearing must be placed on the appearance calendar and completed before juvenile court jurisdiction is terminated.

Whether the nonminor has applied for title XVI Supplemental Security Income benefits and, if so, the status of that application, and whether remaining under juvenile court jurisdiction until a final decision has been issued is in the nonminor's best interests;

(2) At or after the disposition hearing the court has ordered that a parent or guardian retain custody of the dependent child and the petitioner receives information providing reasonable cause to believe the child is now, or once again, described by section 300(a), (d), or (e); or

All procedures and hearings required for an original petition are required for a subsequent petition.

(1) The probation officer, the parent, the guardian, the child, the attorney for the child, or any other person having an interest in a child who is a ward if the requested modification is not for a more restrictive level of custody;

(1) Change, modify, or set aside an order previously made; or

A supplemental petition must be used if petitioner concludes that a previous disposition has not been effective in the protection of a child declared a dependent under section 300 and seeks a more restrictive level of physical custody.

(3) The parent, the guardian, the child, the attorney for the child, or any other person having an interest in a child who is a dependent.

(2) The social worker, regarding a child who is a dependent, if the requested modification is not for a more restrictive level of custody; or

When a child was previously found to be described by section 300 and the petitioner alleges qualifying new facts or circumstances, the petitioner must file a subsequent petition.

(2) Terminate the jurisdiction of the court over the child.

(3) The family is unwilling or unable to cooperate with services previously ordered under section 301.

The procedures relating to disposition hearings prescribed in chapter 12, article 3 apply to the determination of disposition on a subsequent or supplemental petition.

If a dependent child returned to a parent or guardian at the specified review is removed again after a sustained 387 petition, the court must set a section 366.26 hearing unless it finds the stated probability of return within the applicable remaining time.

The procedures relating to jurisdiction hearings prescribed in chapter 12, article 2 apply to the determination of the allegations of a subsequent or supplemental petition.

Chapter 12, article 1 of these rules applies to the case of a child who is the subject of a supplemental or subsequent petition.

A subsequent petition and a supplemental petition must be verified and, to the extent known to the petitioner, contain the information required in an original petition as described in rule 5.524.

A supplemental petition must include the specified concise factual statement, including the relative-placement alternative when applicable.

If the court finds under a subsequent petition that the child is described by section 300(a), (d), or (e), the court must remove the child from the physical custody of the parent or guardian, if removal was not ordered under the previous disposition.

At the conclusion of the hearing on a supplemental petition the court must make findings that: (A) The factual allegations are or are not true; and (B) The allegation that the previous disposition has not been effective is or is not true.

At the conclusion of the hearing on a subsequent petition the court must make a finding that the allegations of the petition are or are not true.

The petition must be verified and, to the extent known to the petitioner, must contain the following:

Those petitions may be decided with or without a hearing using mandatory forms Petition and Order to Exit and Reenter Jurisdiction-Nonminor Dependent (form JV-469) and Findings and Orders Regarding Exit and Reentry of Jurisdiction-Nonminor Dependent (form JV-471).

(7) A concise statement of any change of circumstance or new evidence that requires changing the order or, for requests under section 388(c)(1)(B), a concise statement of the relevant action or inaction of the parent or guardian;

(1) The name of the court to which the petition is addressed;

(5) The name and address of the parent or guardian of the child or nonminor;

(8) A concise statement of the proposed change of the order;

A petition under Welfare and Institutions Code section 388 must be made on form Request to Change Court Order (form JV-180).

(3) The name and age of the child, nonminor, or nonminor dependent;

(2) The title and action number of the original proceeding;

(10) A statement whether or not all parties agree to the proposed change.

(4) The address of the child, nonminor, or nonminor dependent, unless confidential under (c);

(9) A statement of the petitioner's relationship or interest in the child, nonminor, or nonminor dependent, if the petition is made by a person other than the child, nonminor, or nonminor dependent; and

(6) The date and general nature of the order sought to be modified;

the nonminor requests, in writing on the face of the petition, that such notice be provided

When the court sets a joinder hearing on an application or its own motion and requires notice, the agency must receive form JV-540 describing the legal obligation, alleged failure, and issues for the hearing.

(1) By the probation officer if the child has been declared a ward under section 601; or

Before every hearing the probation officer must prepare a report on those matters relevant to a determination of whether the child has violated a condition of probation.

(2) By the probation officer or the district attorney if the child is a ward or is on probation under section 602, and the alleged violation of probation is not a crime.

(3) The right of an indigent appellant to have counsel appointed by the reviewing court; and

(2) The necessary steps and time for taking an appeal;

When the court grants a petition transferring a case to tribal court under Welfare and Institutions Code section 305.5, Family Code section 177(a), or Probate Code section 1459.5(b), and rule 5.483, the court must advise the parties orally and in writing, that an appeal of the order must be filed before the transfer to tribal jurisdiction is finalized, and that failure to request and obtain a stay of the order for transfer will result in a loss of appellate jurisdiction.

To preserve any right to appellate review of an order setting a section 366.26 hearing, a party must seek an extraordinary writ by filing the specified notice and petition, or their alternatives.

(1) The right of the child, parent, and guardian to appeal from the court order if there is a right to appeal;

When the court orders a hearing under section 366.26, it must advise all parties and, if present, the child’s parent, guardian, or adult relative that preserving appellate review requires seeking an extraordinary writ through the specified notice and petition or their alternatives.

(1) The advisement must be given orally to those present when the court orders the hearing under section 366.26.

(4) The right of an indigent appellant to be provided with a free copy of the transcript.

For notices informing parties of their rights concerning a section 366.26 hearing, copies of forms JV-825 and JV-820 must be available in the courtroom and accompany every mailed or electronically served notice.

(3) The advisement must include the time for filing a notice of intent to file a writ petition.

The petitioner must complete and attach to the petition Emancipation of Minor-Income and Expense Declaration (form MC-306).

A petition for emancipation must be submitted on form MC-300.

The order of transfer must be entered on Juvenile Court Transfer-Out Orders (form JV-550), which must include all required information and findings.

The request for transfer must be made on Motion for Transfer Out (form JV-548), which must include all required information.

The sending court must state on the record the date, time, and location of the hearing in the receiving court.

The website for every court must include up-to-date contact information for the court clerks handling dependency and delinquency matters, as well as up-to-date information on when and where transfer-in hearings are held.

If the child is not ordered transported in custody, the clerk of the transferring court must transmit to the clerk of the court of the receiving county within five court days a certified copy of the complete case file.

If the child is ordered transported in custody, the transferring-county clerk must prepare a certified copy of the complete case file for transport with the child to the receiving court.

The order of transfer may be appealed by the transferring or receiving county and notice of appeal must be filed in the transferring county, under rule 8.400.

The transferring court’s clerk must send the receiving court’s clerk a certified copy of the entire nonminor file, including at least the specified pre-majority status-review documents.

(A) The request for transfer must be made on Motion for Transfer Out (form JV-548), which must include all required information.

The order of transfer must be entered on Juvenile Court Transfer-Out Orders-Nonminor Dependent (form JV-552), which must include all required information and findings.

If form JV-555 is used, the social worker must also provide a blank copy of Objection to Out-of-County Placement and Notice of Hearing (form JV-556).

The court's findings and orders must be noted in a written order using Expedited Placement Under the Interstate Compact on the Placement of Children: Findings and Orders (form JV-567), which must include the name, address, e-mail address, telephone number, and fax number of the clerk of court or designated court administrator.

Use Request for Assistance With Expedited Placement Under the Interstate Compact on the Placement of Children (form JV-565) to communicate the request for assistance to the receiving state judicial officer. When this form is used, a copy should be provided to the county ICPC Liaison in the sending jurisdiction.

The receiving state may also request original documents or certified copies if it considers them necessary for a legally sufficient record.

A signed statement of interest from the potential placement, or a written statement from the assigned case manager affirming that the potential placement resource confirms appropriateness for the ICPC expedited placement decision process. The statement must include all items listed in Regulation No. 7, section 7(a); and

A copy of the completed Expedited Placement Under the Interstate Compact on the Placement of Children: Findings and Orders (form JV-567); and

A completed Interstate Compact on the Placement of Children Request (form ICPC-100A), along with form ICPC-101, the statements required under section (h)(3), above, and all required supporting documentation.

Before ordering an expedited placement in a California juvenile-court ICPC case, the court must make the specified express findings about the child's dependency, removal, proposed caregiver, and at least one qualifying criterion.

A statement from the assigned case manager or other child welfare agency representative stating that he or she knows of no reason why the child could not be placed with the proposed placement and that the agency has completed and is prepared to send all required paperwork.

The child must not be placed until the receiving jurisdiction has determined that the placement is not contrary to the interest of the child and has so notified the sending jurisdiction in writing.

A sending jurisdiction must provide to the designated receiving jurisdiction written notice of intention to place the child, using Form ICPC-100A: Interstate Compact on the Placement of Children Request.

The court must enter an order for expedited placement, stating on the record or in the written order the factual basis for that order. If the court is also requesting provisional approval of the proposed placement, the court must so order, and must state on the record or in the written order the factual basis for that request.

(D) A nonminor dependent's guardian ad litem, if one has been appointed under Code of Civil Procedure section 372 and Probate Code sections 810-813;

(3) Input from a Court Appointed Special Advocate volunteer can also be by a court report under local rule.

(2) The individuals listed in (1) and other individuals with an interest in the child or nonminor dependent may use form JV-236 to provide input to the court on the child's or nonminor's dependent's placement in the short-term residential therapeutic program or community treatment facility.

(B) The rule ensures the court does not approve the placement until all the parties listed in (e)(1), after receiving the report, have been given an opportunity to indicate to the court their position on the placement through form JV-236; and

(C) The attorney of record for the child or nonminor dependent, or their CAPTA guardian ad litem as defined by rule 5.662, and the child, if 10 years of age or older, or the nonminor dependent;

If they object to the placement, the specified legal guardians and their attorneys may inform the court by filing form JV-236.

(E) The child's or nonminor dependent's Indian tribe and any Indian custodian, in the case of an Indian child, and their attorneys of record; and

(F) The district attorney, if the youth is a ward of the juvenile court.

The specified documentation must exclude privileged or confidential information unless the appropriate waiver or consent has been obtained.

If they object to the placement, the specified parents and their attorneys may inform the court by filing form JV-236.

The social worker or probation officer must use Ex Parte Application for Voluntary Admission to Psychiatric Residential Treatment Facility (form JV-172) to request an order authorizing the voluntary admission into a psychiatric residential treatment facility.

The court must use Admission to Psychiatric Residential Treatment Facility by Consent of Conservator-Additional Findings and Orders (form JV-177) to document its findings and orders, and attach the form to the findings and orders document used for the review hearing.

The social worker or probation officer must complete and file Proof of Notice of Hearing on Application for Voluntary Admission to Psychiatric Residential Treatment Facility (form JV-173).

The court must use Order on Application for Voluntary Admission to Psychiatric Residential Treatment Facility (form JV-174) to document its findings and orders.

At a hearing to review the placement, the court must use form JV-175 or JV-176, as applicable, to document its findings and orders.

A temporary restraining order must be prepared on Notice of Court Hearing and Temporary Restraining Order-Juvenile (form JV-250).

An order after hearing must be prepared on Juvenile Restraining Order After Hearing (form JV-255).

A modification order must also be made on a new Restraining Order After Hearing (form JV-255) or, if the restrained person is the subject of a petition under section 601 or 602, a new Juvenile Restraining Order Against a Child—Order After Hearing (form JV-265).

A written application must use form JV-245, except that a request against a child or youth who is the subject of a section 601 or 602 petition must use form JV-258.

If the application is made orally and the court grants a temporary order, the court may direct the requesting party to prepare a temporary order, as directed in (8) below, obtain the judicial officer's signature, file the order with the court, and serve the order on the restrained person.

A person applying for a restraining order in writing must submit to the court with the application a completed Confidential CLETS Information (form CLETS-001) under rule 1.51.

If the restrained person is the subject of a petition under section 601 or 602, either form JV-253 or a new Notice of Court Hearing (form JV-249) may be used and, if granted, Temporary Restraining Order Against a Child (form JV-260) may be issued.

A termination or modification order must be made on Order to Change or End Restraining Order After Hearing (form JV-257).

Either Order on Request to Reschedule Restraining Order Hearing (form JV-253) or a new Notice of Court Hearing (form JV-249) may be used to grant or deny a request for a continuance and, if granted, a Temporary Restraining Order—Juvenile (form JV-250) may be issued.

The temporary restraining order must be prepared on Temporary Restraining Order—Juvenile (form JV-250) or, if the restrained person is the subject of a petition under section 601 or 602, on Temporary Restraining Order Against a Child (form JV-260), and must state on its face the date of expiration of the order.

A written request for a continuance must be made on Request to Reschedule Restraining Order Hearing (form JV-251).

The order after hearing must be prepared on Juvenile Restraining Order After Hearing (form JV-255) or, if the restrained person is the subject of a petition under section 601 or 602, Juvenile Restraining Order After Hearing-Against a Child (form JV-265), and must state on its face the date of expiration of the order.

Form JV-505 must be made available in the courtroom.

If the court establishes parentage of the child, the court must sign Parentage-Finding and Judgment (Juvenile) (form JV-501) and direct the clerk to transmit the signed form to the local child support agency.

Any alleged father and his counsel must complete and submit Statement Regarding Parentage (Juvenile) (form JV-505).

The office of child support enforcement must prepare and return the completed Parentage Inquiry-Juvenile (form JV-500) within 25 judicial days, with certified copies of any such order or judgment or proof of the filing of any voluntary declaration attached;

The court must direct the court clerk to prepare and transmit Parentage Inquiry-Juvenile (form JV-500) to the local child support agency requesting an inquiry regarding whether parentage has been established through any superior court order or judgment or through the execution and filing of a voluntary declaration under the Family Code;

After approving any application for authorization, regardless of whether the approval is made at a hearing, the court must set a progress review.

The prescribing physician must complete and sign form JV-220(A), or, for the specified continuation request, must complete and sign either form JV-220(A) or JV-220(B).

Proof of notice of the application regarding psychotropic medication must be filed with the court using Proof of Notice of Application (form JV-221).

The child, caregiver, parents, legal guardians, or Indian custodian, child's Indian tribe, and Court Appointed Special Advocate, if any, may provide input on the mediations being prescribed.

If a child is removed from the custody of his or her parent, legal guardian, or Indian custodian, the court may order that the parent, legal guardian, or Indian custodian is authorized to approve or deny the administration of psychotropic medication.

(B) Physician's Statement-Attachment (form JV-220(A)), unless the request is to continue the same medication and maximum dosage by the same physician who completed the most recent JV-220(A); then the physician may complete Physician's Request to Continue Medication-Attachment (form JV-220(B)); and

At the progress review, the procedures described in section 349 must be followed.

Notice to parents or legal guardians and their attorneys must include the medication and pending-application statements and the specified information guide and blank forms.

Notice to the Indian child's tribe must include the medication and pending-application statements and the specified guide and blank forms or instructions for obtaining them.

If the child changes placement, the social worker or probation officer must provide the new caregiver with a copy of the order, the last two pages of form JV-220(A) or the last two pages of JV-220(B), and the medication information sheets (medication monographs) that were attached to form JV-220(A) or form JV-220(B).

Before each progress review, the social worker or probation officer must file a completed County Report on Psychotropic Medication (form JV-224) at least 10 calendar days before the hearing. If the progress review is set at the same time as a status review hearing, form JV-224 must be attached to and filed with the report.

Notice to the current caregiver and any appointed Court Appointed Special Advocate must include only the medication and pending-application statements and the specified guide and blank forms.

The court must grant or deny the application using Order on Application for Psychotropic Medication (form JV-223).

If the court grants or modifies the application for authorization, the court must set a date for review of the child's progress and condition.

If all the required information is not included in the request for authorization, the court must order the applicant to provide the missing information and set a hearing on the application.

(A) Application for Psychotropic Medication (form JV-220);

The child, caregiver, parents, legal guardians, or Indian custodian, and Court Appointed Special Advocate, if any, may provide input at the progress review as stated in (c)(2).

The order must be based on the findings in section 369.5 or section 739.5, which must be included in the order.

Notice to the child's attorney and any appointed Child Abuse Prevention and Treatment Act guardian ad litem must include completed application materials and the specified guide and blank forms or instructions for obtaining them.

Input from a Court Appointed Special Advocate can also be by a court report under local rule.

The listed parents, guardians, custodians, attorneys, guardian ad litem, or Indian child's tribe may file input on form JV-222.

If the court approves the request, the copy of the order must include the last two pages of form JV-220(A) or the last two pages of JV-220(B) and all medication information sheets (medication monographs) that were attached to form JV-220(A) or form JV-220(B).

The court may use Order Delegating Judicial Authority Over Psychotropic Medication (form JV-216) to document the findings and order.

If the child resides in a group home or short-term residential therapeutic program, the order and specified medication materials must be provided to the facility administrator or designee.

Input can be by Child's Opinion About the Medicine (form JV-218) or Statement About Medicine Prescribed (form JV-219); letter; talking to the judge at a court hearing; or through the social worker, probation officer, attorney of record, or Court Appointed Special Advocate.

A progress review must occur at every status review hearing and may occur at any other time at the court's discretion.

Additional information may be provided to the court through the use of local forms that are consistent with this rule.

Upon the approval or denial of the application, the county child welfare agency, probation department, or other person or entity who submitted the request must provide the child's caregiver with a copy of the court order approving or denying the request.

If the application could authorize at least three psychotropic medications for 90 days or longer, notice to the child's attorney and any guardian ad litem must include the specified JV-228 and JV-229 materials, and the procedures in rule 5.642 must be followed.

Form JV-220 may be completed by the listed people; a social worker or probation officer must complete every item, while a physician, medical office staff member, or caregiver must complete and sign only page one.

(C) Proof of Notice of Application (form JV-221).

At the hearing on the application, the procedures described in rule 5.570 and section 349 must be followed.

The child's attorney may sign form JV-228 with the approval of a child 12 years of age or older, if the child is under 12 years of age, or if the court finds the child not to be of sufficient age and maturity to consent.

The child, nonminor dependent, or attorney may sign (as specified in (b)) form JV-229.

If the request would result in the child being prescribed three or more psychotropic medications for 90 days or more, the applicant must provide blank copies of forms JV-228, JV-228-INFO, and JV-229 to the child and the child's attorney.

Sufficient age and maturity to consent must be presumed, subject to rebuttal by clear and convincing evidence, if the child is 12 years of age or over.

Form JV-228 may be signed by either the child, nonminor dependent, or the attorney, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent.

Whenever there is an Application for Psychotropic Medication (form JV-220) filed with the court under rule 5.640, the applicant must review the Physician's Statement-Attachment (form JV-220(A)) or Physician's Request to Continue Medication-Attachment (form JV-220(B)) to determine if the request would result in the child being prescribed three or more concurrent psychotropic medications for 90 days or more, as described in section 14028.

If the child does not want to sign form JV-228, the child's attorney may not sign it.

At any time, the child, nonminor dependent, or attorney may withdraw the authorization to release information to the Medical Board of California.

The child's attorney must review form JV-228 with the child and file it with the superior court.

The authorization is for the release of medical records only. It is not an authorization for the release of juvenile court case files as described in section 827.

Withdrawal may be made by filing Withdrawal of Release of Information to Medical Board of California (form JV-229) or by written letter to the California Department of Social Services.

When the court believes a child subject to a section 300, 601, or 602 petition may be mentally disabled or mentally ill, the professional in charge of the designated facility must submit a written evaluation of the child to the court.

(G) An analysis of whether and how the child's mental or developmental status is related to any deficits in abilities related to competency.

(4) Adverse childhood experiences, including early disruption in the parent-child relationship;

(9) Medical history including significant diagnoses, hospitalizations, or head trauma.

(E) A summary of the evaluation conducted by the expert on the child, including the current diagnosis or diagnoses that meet criteria under the most recent version of the Diagnostic and Statistical Manual of Mental Disorders, when applicable, and a summary of the child's mental or developmental status.

(F) A detailed analysis of the competence of the child to stand trial under section 709, including the child's ability or inability to understand the nature of the proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental or developmental impairment.

A statement of the procedure used by the expert, including:

The written protocol required under section 709(i) must include a description of the process for obtaining and providing the records to the expert to review, including who will obtain and provide the records to the expert.

(6) School performance, including an Individualized Education Plan, testing, achievement scores, and retention;

(7) Acculturation issues;

(H) If the child has significant deficits in abilities related to competency, an opinion with explanation as to whether treatment is needed to restore or attain competency, the nature of that treatment, its availability, and whether restoration is likely to be accomplished within the statutory time limit.

(J) If the expert is of the opinion that a referral to a psychiatrist is appropriate, the expert must inform the court of this opinion and recommend that a psychiatrist examine the child.

(2) When the child achieved developmental milestones such as talking, walking, and reading;

(D) A summary of the developmental history of the child as required by this rule.

(B) A brief statement of the expert's training and previous experience as it relates to evaluating the competence of a child to stand trial.

(8) Biological and neurological factors such as neurological deficits and head trauma; and

(1) Whether there were complications or drug use during pregnancy that could have caused medical issues for the child;

The expert's report must be submitted to the court, to the counsel for the child, to the probation department, and to the prosecution.

(A) A statement identifying the court referring the case, the purpose of the evaluation, and the definition of competency in the state of California.

(I) A recommendation, as appropriate, for a placement or type of placement, services, and treatment that would be most appropriate for the child to attain or restore competence. The recommendation must be guided by the principle of section 709 that services must be provided in the least restrictive environment consistent with public safety.

(3) Psychosocial factors such as abuse, neglect, or drug exposure;

(iii) A detailed summary of the attempts made to meet the child face-to-face and a detailed account of any accommodations made to make direct contact with the child; and

(iv) All diagnostic and psychological tests administered, if any.

(ii) A list of all sources of information the expert tried or wanted to obtain but, for reasons described in the report, could not be obtained;

(5) Mental health services received during childhood and adolescence;

(i) A list of all sources of information considered by the expert including those required by section 709(b)(3);

(5) The child's or nonminor's current provision of specialty mental health services, and how those services will be affected by the placing agency's presumptive transfer determination.

(2) That the child or nonminor, his or her parents if applicable, the child and family team, and others who serve the child or nonminor as appropriate-such as the therapist, mental health care decision maker for the child or nonminor if one has been appointed under section 361(a)(1), and Court Appointed Special Advocate volunteer-were consulted regarding the waiver determination.

(4) Whether the mental health plan in the county of original jurisdiction demonstrates an existing contract with a specialty mental health care provider, or the ability to enter into a contract with a specialty mental health care provider within 30 days of the waiver decision, and the ability to deliver timely specialty mental health services directly to the foster child or nonminor.

(3) That notice of the placing agency's determination of whether to waive presumptive transfer was provided to the individual who requested waiver of presumptive transfer, along with all parties to the case.

(1) The placing agency's rationale for its decision on the request for a waiver of presumptive transfer, including: (A) Any requests for waiver, and the exceptions claimed as the basis for those requests; (B) The placing agency's determination of whether waiver of presumptive transfer is appropriate under section 14717.1(d)(5)(A)-(D); (C) Any objections to the placing agency's determination in (B); and (D) The ways that the child's or nonminor's best interests will be promoted by the placing agency's presumptive transfer determination.

A request for a hearing must be made by filing a Request for Hearing on Waiver of Presumptive Transfer (form JV-214).

(6) Findings and orders must be made on Order after Hearing on Waiver of Presumptive Transfer (form JV-215).

At the initial hearing on a petition filed under section 325 or at any time before a child is adjudged a dependent or the petition is dismissed, the court may, on making the findings required by section 319(g)(1), use form JV-535 to temporarily limit the rights of a parent, guardian, or Indian custodian to make educational or developmental-services decisions for the child.

If a new form JV-535 is filed, the most recent Attachment to Order Designating Educational Rights Holder (form JV-535(A)) must be attached.

The court may instead direct the appropriate party to attach a new form JV-535(A) to document the court's findings and orders.

A nonminor or nonminor dependent youth should be identified on form JV-535 unless rule 5.650(b) applies.

Following the dispositional hearing and each statutory review hearing, the party that has requested a modification, limitation, or restoration of educational or developmental-services decisionmaking rights must complete form JV-535 and any required attachments to reflect the court's orders and submit the completed form within five court days for the court's review and signature.

At any hearing, where the court limits, restores, or modifies educational rights, or where there are updates to any contact or other information, in any juvenile proceeding, the findings and orders must be documented on form JV-535.

When necessary to protect a child adjudged a dependent or ward under section 300, 601, or 602, the court may limit the specified decisionmaking rights through appropriate, specific orders on form JV-535.

If there has been no request for modification, limitation, or restoration of educational or developmental-services decisionmaking rights, or there are no required updates to contact or other information, there is no need to file a new form JV-535.

If the court has limited a parent's or guardian's right to make educational decisions for a child and cannot identify a responsible adult to act as the educational rights holder, and the child is or may be eligible for special education and related services or already has an individualized education program, the court must use form JV-535 to refer the child to the responsible local educational agency for prompt appointment of a surrogate parent under Government Code section 7579.5.

If the local educational agency does not appoint a surrogate parent within 30 days of receipt of a judicial request, it must notify the court within the next five court days on form JV-536 of the following:

Whenever a surrogate parent resigns or the local educational agency terminates the appointment of a surrogate parent, replaces a surrogate parent, or appoints another surrogate parent, it must notify the court, the child's attorney, and the social worker or probation officer on form JV-536 within five court days of the resignation, termination, replacement, or appointment.

The court may, using form JV-535, appoint or continue the appointment of an educational rights holder to make educational or developmental-services decisions for a nonminor or nonminor dependent youth if:

An educational rights holder who resigns must notify the court and the child’s attorney and may use form JV-537 to provide the notice.

When the court refers a child to the local educational agency for surrogate-parent appointment, its order must require form JV-536 to be attached to form JV-535.

Once notice is received, the child's or youth's attorney, or the social worker or probation officer may request a hearing for appointment of a new educational rights holder by filing form JV-539.

(A) Provide information and recommendations concerning the child's or youth's educational or developmental-services needs to the assigned social worker or probation officer; (B) Make written recommendations to the court concerning the child's or youth's educational or developmental-services needs; (C) Attend the review hearing and participate in any part of the hearing that concerns the child's or youth's education or developmental services.

(C) If the court must temporarily make educational or developmental-services decisions for a child before disposition, it must order that every effort be made to identify a responsible adult to make future educational or developmental-services decisions for the child.

The child's attorney, the social worker, or the probation officer may request a hearing for appointment of a new educational rights holder by filing Request for Hearing Regarding Child's Access to Services (form JV-539) and must provide notice of the hearing as provided in (g)(2).

Whenever it limits, even temporarily, the rights of a parent or guardian to make educational or developmental-services decisions for a child, the court must use form JV-535 to appoint a responsible adult as educational rights holder or to document that one of the following circumstances exists:

The educational rights holder may use form JV-537 to explain any educational or developmental-services needs to the court.

At any hearing following a change of educational placement, the educational rights holder must submit a statement to the court indicating whether the proposed change of placement is in the child's or youth's best interest and whether any efforts have been made to keep the pupil in the school of origin;

Whenever the local educational agency appoints a surrogate parent for a dependent or ward under Government Code section 7579.5(a)(1), it must notify the court on form JV-536 within five court days of the appointment and, at the same time, must send copies of the notice to the child's attorney and to the social worker or probation officer identified on the form.

In a dependency proceeding, whether the parent's or guardian's educational or developmental-services decisionmaking rights should be temporarily limited and an educational rights holder temporarily appointed using form JV-535; and

Whether the child's or youth's educational, physical, mental health, and developmental-services needs are being met;

Whether the child or youth is or may be eligible for developmental services or is already receiving developmental services and, if that person is already receiving services, the specific nature of those services;

Before making any recommendation to move a foster child or youth from his or her school of origin, the educational liaison provided the child or youth and the person holding the right to make educational decisions for the child or youth with a written explanation of the basis for the recommendation and how this recommendation serves the foster child's or youth's best interest as provided in Education Code section 48853.5(e)(7);

Whether the child or youth is enrolled in, and is attending, the child's or youth's school of origin, as that term is defined in Education Code section 48853.5(f);

Consider and determine whether the child's or youth's educational, physical, mental health, and developmental needs, including any need for special education and related services, are being met;

The court may make its findings and orders on Findings and Orders Regarding Transfer From School of Origin (form JV-538).

Make any findings and orders needed to enforce those rights, which may include an order to set a hearing under section 362 to join the necessary agencies regarding provision of services, including the provision of transportation services, so that the child or youth may remain in his or her school of origin.

Who must take the necessary steps for the child or youth to receive any necessary assessments, evaluations, or services;

The child's or youth's age, behavior, educational level, and developmental status and any discrepancies between that person's age and his or her level of achievement in education or level of cognitive, physical, and emotional development;

The child or youth is enrolled in and attending school.

The child or youth was immediately enrolled in the new school as provided in Education Code section 48853.5(e)(8).

Whether the parent's or guardian's educational or developmental-services decisionmaking rights should be limited or, if previously limited, whether those rights should be restored.

What services, assessments, or evaluations, including those for developmental services or for special education and related services, the child or youth may need;

If the parent's or guardian's educational or developmental-services decisionmaking rights have been limited, the identity of the designated or appointed educational rights holder or surrogate parent;

If the child is between 3 and 5 years old and is or may be eligible for special education and related services, whether the child is receiving the early educational opportunities provided by Education Code section 56001 and, if so, the specific nature of those opportunities;

The report required when the court sets a hearing must include the listed persons' responses to the proposed placement change, indicate agreement or disagreement, and state reasons for any disagreement.

Information addressing whether the information-sharing and other requirements in section 16501.1(c)(4) and Education Code section 49069.5 have been met;

In the case of a joint assessment, separate statements by the child welfare department and the probation department, each addressing whether the child or youth may have a disability and whether the child or youth needs developmental services or special education and related services or qualifies for any assessment or evaluation required by state or federal law.

Determine whether the placement agency and other relevant parties and advocates have fulfilled their obligations under section 16000(b), 16010(a), and 16501.1(f)(8);

Determine whether the proposed school placement meets the requirements of this rule and Education Code sections 48853.5 and 49069.5, and whether the placement is in the best interest of the child or youth;

Whether the child or youth is receiving special education and related services or any other services through a current individualized education program and, if so, the specific nature of those services;

Whether a dispute exists regarding the request of a foster child or youth to remain in the school of origin and whether the foster child or youth has been allowed to remain in the school of origin pending resolution of the dispute;

A copy of the current individualized education program should be attached to the report unless disclosure would create a risk of harm. In that case, the report should explain the risk.

Direct the rights holder to take all appropriate steps to ensure that the child's or youth's educational and developmental needs are met.

If the child or youth is no longer attending the school of origin, the local educational agency obtained a valid waiver of the child's or youth's right to continue in the school of origin under Education Code section 48853.5(e)(1) before moving the child or youth from that school;

The child's or youth's educational, physical, mental health, or developmental needs;

Who holds educational and developmental-services decisionmaking rights, and identify the rights holder or holders;

The child's or youth's attorney may request a hearing by filing form JV-539.

Whether the child or youth may have physical, mental, or learning-related disabilities or other characteristics indicating a need for developmental services or special education and related services as provided by state or federal law;

If the social worker or probation officer recommends that the court limit the parent's or guardian's rights to make educational or developmental-services decisions, the reasons those rights should be limited and the actions that the parent or guardian may take to restore those rights if they are limited;

Whether the parent, guardian, or other educational rights holder believes that removal from the school of origin is in the child's or youth's best interest;

A copy of any current Section 504 plan should be attached to the report unless disclosure would create a risk of harm. In that case, the report should explain the risk.

If the court finds that the parent's or guardian's educational or developmental-services decisionmaking rights should not be limited or should be restored, the court must explain to the parent or guardian his or her rights and responsibilities in regard to the child's education and developmental services as provided in rule 5.650(e), (f), and (j); or

If the child is 0 to 3 years old, whether the child may be eligible for or is already receiving early intervention services or services under the California Early Intervention Services Act (Gov. Code, § 95000 et seq.) and, if the child is already receiving services, the specific nature of those services;

A statement from the social worker or probation officer confirming that the child or youth has not been segregated in a separate school, or in a separate program within a school, because the child or youth is placed in foster care.

Whether the child or youth is participating in developmentally appropriate extracurricular and social activities;

Identify the educational rights holder on form JV-535; and

Whether the child or youth is attending a comprehensive, regular, public or private school;

Whether the proposed school placement would allow the child or youth to be placed in the least restrictive educational program; and

Determine what actions are necessary to ensure the protection of the child's or youth's educational and developmental-services rights; and

The court on its own motion may direct the clerk to set a hearing.

Whether any orders to direct an appropriate person to take the necessary steps for the child to receive assessments, evaluations, or services, including those for developmental services or for special education and related services, are requested; and

The court must explain to the parent or guardian why the court is limiting his or her educational or developmental-services decisionmaking rights and must explain the rights and responsibilities of the educational rights holder as provided in rule 5.650(e), (f), and (j); and

Recommendations and case plan goals to meet the child's or youth's identified educational, physical, mental health, and developmental-services needs, including all related information listed in section 16010(a) as required by section 16010(b);

Whether, in the case of a nonminor or nonminor dependent youth who has chosen not to make educational or developmental-services decisions for himself or herself or has been deemed incompetent, it is in the best interests of the youth to appoint or to continue the appointment of an educational rights holder.

A copy of any current individualized family service plan or individual program plan should be attached to the report unless disclosure would create a risk of harm. In that case, the report should explain the risk.

The child's or youth's attorney must, as appropriate, discuss the proposed placement change and its effect on the child's or youth's right to attend the school of origin with the child or youth and the person who holds educational rights.

In accordance with the child's or youth's best interest, the educational liaison, as described in Education Code section 48853.5(b), (d), and (e), in consultation with, and with the agreement of, the child or youth and the parent, guardian, or other person holding educational decisionmaking rights, recommends the waiver of the child's or youth's right to attend the school of origin;

Whether the child or youth has the educational and developmental services and supports, including those for special education and related services, necessary to meet state academic achievement standards.

The child's or youth's educational records, including any evaluations of a child or youth with a disability, were transferred to the new educational placement within two business days of the request for the child's or youth's enrollment in the new educational placement; and

If the court finds that the parent's or guardian's educational or developmental-services decisionmaking rights should be or remain limited, the court must designate the holder of those rights.

Is the environment best suited to meet the exceptional needs of a child or youth with disabilities and to serve the child's or youth's best interest if he or she has a disability; and

Information addressing how the proposed change serves the best interest of the child or youth;

Whether the parent's or guardian's educational or developmental-services decisionmaking rights have been or should be limited or restored;

How the proposed change of placement will affect the stability of the child's or youth's school placement and the child's or youth's access to academic resources, services, and extracurricular and enrichment activities;

Whether the foster child or youth has been allowed to continue his or her education in the school of origin to the extent required by Education Code section 48853.5(e)(1);

Whether the child or youth is receiving services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.) and, if so, the specific nature of those services;

Promotes educational stability through proximity to the child's or youth's school of origin.

Form JV-531 must be completed by the local educational agency and returned to the requesting judicial officer or probation officer within 15 calendar days of receipt of the request with copies of any responsive pupil records attached.

After receipt the judicial officer or probation officer must file form JV-531 and the attached pupil records in the truancy proceedings.

The judicial officer or probation officer may request pupil records but must certify in writing that the requested information will be used only for purposes of truancy mediation or a truancy petition.

A judicial officer or probation officer must complete and file Certified Request for Pupil Records-Truancy (form JV-530) and serve it with Local Educational Agency Response to JV-530 (form JV-531), by first-class mail to the local educational agency.

(C) The CASA program and the designating court must be the only parties to the MOU.

One local rule must specify when CASA reports are to be submitted to the court, who is entitled to receive a copy of the report, and who will copy and distribute the report.

The written plan must include the following provisions:

(D) The MOU must indicate when and how the CASA program will have access to the juvenile case file and the nonminor dependent court file if applicable.

(C) Any MOU between a CASA program and the contributing agency is submitted to and approved by Judicial Council staff.

The plan must be included in the MOU or a local rule.

(B) A CASA program may serve children and nonminors in more than one court if the program executes an MOU with each court.

(A) The MOU must state that the relationship between the CASA program and the designating court can be terminated for convenience by either the CASA program or the designating court.

The court's designation of the CASA program must take the form of a memorandum of understanding (MOU) between the CASA program and the designating court.

If the court finds that the child would not benefit from representation by counsel, the court must make a finding on the record as to each of the criteria in (1) and state the reasons for each finding.

The child's trial counsel, the guardian ad litem, or the child may use Recommendation for Appointment of Appellate Attorney for Child (form JV-810).

A notice of appeal on behalf of the child must be filed by the child's trial counsel, guardian ad litem, or the child if the child is seeking appellate relief from the trial court's judgment or order.

Any recommendation for an appellate attorney for the child must state a factual basis for the recommendation, include the information provided on form JV-810, and be signed under penalty of perjury.

A child's trial counsel or guardian ad litem who recommends appointment of appellate counsel for a child who is not an appellant must follow the procedures outlined in (d)-(g).

In a juvenile dependency proceeding where someone other than the child appeals, counsel or the guardian ad litem must recommend appointment of separate appellate counsel if they conclude the child’s best interests cannot otherwise be protected.

The court must identify on the record the person appointed as the child's CAPTA guardian ad litem.

The court may also require attorneys who represent youth in delinquency proceedings to complete Declaration of Eligibility for Appointment to Represent Youth in Delinquency Court (JV-700).

The court may require evidence of the competency of any attorney appointed to represent a youth in a delinquency proceeding, including requesting documentation of trainings attended.

At the beginning of the initial hearing on the petition, whether the child is detained or not detained, the court must give advisement as required by rule 5.534 and must inform each parent and guardian present, and the child, if present:

(A) The participant knows or has reason to know the child is an Indian child;

(3) If the child has been taken into custody, of the reasons for the initial detention and the purpose and scope of the detention hearing; and

The social worker or probation officer assigned to the dependency matter must provide the child's attorney with a copy of the completed form.

(3) If there is reason to believe that the case involves an Indian child, the court must require the agency to proceed in accordance with section 224.2(e).

(2) The court must also instruct all parties to inform the court if they subsequently receive information that provides reason to know the child is an Indian child, and order the parents, Indian custodian, or guardian, if available, to complete Parental Notification of Indian Status (form ICWA-020).

(4) If it is known, or there is reason to know, the case involves an Indian child, the court must proceed in accordance with rules 5.481 et seq. and treat the child as an Indian child unless and until the court determines on the record after review of the report of due diligence described in section 224.2(g) that the child does not meet the definition of an Indian child.

(1) Of the contents of the petition;

(C) The child is or has ever been a ward of a tribal court; and

Before each periodic status review hearing, the social worker or probation officer must obtain and include in the reports prepared for the hearing all information necessary to maintain the accuracy of form JV-225.

The court must order each parent and guardian present either to complete Your Child's Health and Education (form JV-225) or to provide the information necessary for the social worker or probation officer, court staff, or representative of the local child welfare agency to complete the form.

(B) The residence or domicile of the child, the child's parents, or Indian custodian is on a reservation or in an Alaska Native village;

(D) Either parent or the child possess an identification card indicating membership or citizenship in an Indian tribe.

The court must also inquire of the child's mother and of any other appropriate person present as to the identity and address of any and all presumed or alleged parents of the child as set forth in section 316.2.

(2) Of the nature of, and possible consequences of, juvenile court proceedings;

(A) Continuance in the home is contrary to the child's welfare;

If the child is detained and no listed parent, custodian, tribe, or guardian is present or has received actual notice, any such parent, custodian, tribe, or guardian may file an affidavit alleging lack of notice and requesting a detention rehearing.

(E) When it is known or there is reason to know the case involves an Indian child, that detention is necessary to prevent imminent physical damage or harm to the child, and there are no reasonable means by which the child can be protected if maintained in the physical custody of his or her parent or parents or Indian custodian.

(C) Reasonable efforts, or when it is known or there is reason to know the child is an Indian child, active efforts, have been made to prevent removal;

(B) Temporary placement and care are vested with the social services agency;

(D) The findings and orders required to be made on the record under section 319; and

All detention findings and orders must appear in the written orders of the court.

A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody;

The reports relied on must include the required information in section 319(b) and:

The steps taken to consult and collaborate with the tribe and the outcome of that consultation and collaboration.

The steps taken to provide notice to the child's parents, Indian custodian, and tribe about the hearing under section 224.3;

If a parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the parent, information and a recommendation regarding whether the child can be returned to the custody of that parent;

A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child;

If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribe's jurisdiction;

A description of the services that have been provided, including those under section 306, and of any available services or safety plans that would prevent or eliminate the need for the child to remain in custody;

If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village;

The court must state the facts supporting this finding on the record.

If the child's parents and Indian custodian are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director;

If continued detention is recommended, information about any parent or guardian of the child with whom the child was not residing at the time the child was taken into custody and about any relative or nonrelative extended family member as defined under section 362.7 with whom the child may be detained.

A statement of the efforts that have been taken to assist the parents or Indian custodian so the Indian child may safely be returned to their custody;

The tribal affiliation of the child and of the parents or Indian custodian;

The residence and the domicile of the Indian child;

(B) Reasonable efforts have not been made.

Those active efforts must be documented in detail in the record, and the court must make one of the following findings:

(4) The court must not order the child detained unless the court, after inquiry regarding available services, finds that there are no reasonable services that would prevent or eliminate the need to detain the child or that would permit the child to return home.

(D) The court orders the department to initiate or continue services in accordance with section 358.

(A) Reasonable efforts have been made; or

(A) Active efforts have been made and were successful; or

(B) Active efforts have been made and were not successful; or

(C) Active efforts have not been made; and

(1) If the court orders the child detained, the court must order that temporary care and custody of the child be vested with the county welfare department pending disposition or further order of the court and must make the other findings and orders specified in section 319(e) and (f)(3).

(8) Whether the allegations of the petition as submitted are true as alleged; and

(2) The birthdate and county of residence of the child;

If the parent or guardian submits to the jurisdictional determination in writing, Waiver of Rights-Juvenile Dependency (form JV-190) must be completed by the parent or guardian and counsel and submitted to the court.

(7) Those allegations of the petition as admitted are true as alleged; or

(1) Notice has been given as required by law;

(9) The child is described by one or more specific subdivisions of section 300.

After an admission, no-contest plea, or submission, the court must note in its order that the parent or guardian knowingly and intelligently waived each of the listed rights.

(6) There is a factual basis for the parent or guardian's admission;

(4) The parent or guardian understands the nature of the conduct alleged in the petition and the possible consequences of an admission, plea of no contest, or submission;

(5) The admission, plea of no contest, or submission by the parent or guardian is freely and voluntarily made;

(3) The allegations of the petition are not proved.

(4) The child is described by one or more subdivisions of section 300.

(1) Notice has been given as required by law;

(2) The birthdate and county of residence of the child; and

(2) The birthdate and county of residence of the child;

(3) The allegations of the petition are true; and

(F) All other relevant requirements of sections 358 and 358.1.

(D) If siblings are not placed together, the social study must include an explanation of why they have not been placed together in the same home, what efforts are being made to place the siblings together, or why making those efforts would be contrary to the safety and well-being of any of the siblings.

(A) The case plan meets the requirements of section 16501.1; or (B) The case plan does not meet the requirements of section 16501.1, in which case the court must order the agency to comply with the requirements of section 16501.1; and

(C) The social worker solicited and integrated into the case plan the input of the child; the child's family; the child's identified Indian tribe, including consultation with the child's tribe on whether tribal customary adoption as defined in section 366.24 is an appropriate permanent plan for the child if reunification is unsuccessful; and other interested parties; or

(iv) The number and relationship of those relatives described by item (ii) who are interested in providing placement for the child; and

(i) A discussion of the reasonable efforts made to prevent or eliminate removal, or if it is known or there is reason to know the child is an Indian child, the active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, and a recommended plan for reuniting the child with the family, including a plan for visitation;

The court may require production of other relevant evidence on its own motion.

The petitioner must prepare a social study of the child.

Whenever child welfare services are provided, the social worker must prepare a case plan.

(ii) The number and relationship of those relatives described by item (i) who were located and notified;

(C) The social study must include a discussion of the social worker's efforts to comply with section 309(e) and rule 5.637, including but not limited to:

The court must receive in evidence and consider the social study, a guardianship assessment, the report of any CASA volunteer, the case plan, and any relevant evidence offered by petitioner, the child, or the parent or guardian.

(E) If petitioner alleges that section 361.5(b) applies, the social study must state why reunification services should not be provided.

(v) If it is known or there is reason to know the child is an Indian child, efforts to locate extended family members as defined in section 224.1, and evidence that all individuals contacted have been provided with information about the option of obtaining approval for placement through the tribe's license or approval procedure.

The social study must include a discussion of all matters relevant to disposition and a recommendation for disposition.

(A) If petitioner recommends that the court appoint a legal guardian, petitioner must prepare an assessment under section 360(a), to be included in the social study report prepared for disposition or in a separate document.

For a child of any age, if the social worker did not solicit and integrate the specified participants' input into the case plan, the court must order the social worker to do so unless the court finds each participant was unable, unavailable, or unwilling to participate.

(iii) A statement that each parent has been advised of the option to participate in adoption planning and to voluntarily relinquish the child if an adoption agency is willing to accept the relinquishment, and the parent's response.

(A) The child was given the opportunity to review the case plan, sign it, and receive a copy; or

(i) The number of relatives identified and the relationship of each to the child;

(B) The child was not given the opportunity to review the case plan, sign it, and receive a copy, in which case the court must order the agency to give the child the opportunity to review the case plan, sign it, and receive a copy.

In the order of disposition, the court must state that the social study and the study or evaluation by the CASA volunteer, if any, have been read and considered by the court.

(ii) A plan for achieving legal permanence for the child if efforts to reunify fail; and

(iii) The number and relationship of those relatives described by item (ii) who are interested in ongoing contact with the child;

The court must consider the mandatory activities listed in rule 5.637(d)(2) and may consider the additional activities listed in rule 5.637(d)(3) in determining whether the agency has exercised due diligence in family finding.

(A) Order that the social worker provide a copy of the child's birth certificate to the caregiver consistent with sections 16010.4(e)(5) and 16010.5(b)-(c); and

Copies of the specified extraordinary-writ petition and notice-of-intent forms must be available in the courtroom and accompany every mailed notice informing parties of their rights.

(4) If the requirements of section 360(a) are met, declare dependency, appoint a legal guardian for the child, and order the clerk, as soon as the guardian has signed the required affirmation, to issue letters of guardianship, which are not subject to the confidential protections of juvenile court documents in section 827;

(2) The court may not order a dependent removed from the physical custody of a parent with whom the child did not reside at the time the petition was initiated unless the juvenile court makes both of the findings in section 361(d) by clear and convincing evidence.

When the court orders a section 366.26 hearing, it must orally advise parties present and provide the stated writ-review advice by first-class mail or electronic service under section 212.5 to parties who are absent.

(3) If the requirements of section 360(a) are met, appoint a legal guardian for the child without declaring dependency and order the clerk, as soon as the guardian has signed the required affirmation, to issue letters of guardianship, which are not subject to the confidential protections of juvenile court documents in section 827;

(B) After stating on the record or in writing the factual basis for the order, order custody to a noncustodial parent with services to one or both parents; or

(A) After stating on the record or in writing the factual basis for the order, order custody to a noncustodial parent, terminate jurisdiction, and direct that Custody Order-Juvenile-Final Judgment (form JV-200) be prepared and filed under rule 5.700;

(1) State the facts on which the decision is based; and

The court must document its determination by making a finding on the record.

(1) Dismiss the petition with specific reasons stated in the minutes;

If a party wishes to preserve any right to review on appeal of the findings and orders made under this rule, the party must seek an extraordinary writ under rules 8.450 and 8.452.

(1) Reasonable efforts have been made to prevent removal; or

To seek review of an order setting a section 366.26 hearing, a party must file the specified notice of intent and petition for extraordinary writ, or their stated alternatives.

(2) Notify the parents that their parental rights may be terminated if custody is not returned within 6 months of the dispositional hearing or within 12 months of the date the child entered foster care, whichever time limit is applicable.

(B) Order that the social worker provide a child or youth 16 years of age or older with a certified copy of his or her birth certificate unless the court finds that provision of the birth certificate would be inappropriate.

(2) Reasonable efforts have not been made to prevent removal.

(1) The court may not order a dependent removed from the physical custody of a parent or guardian with whom the child resided at the time the petition was filed, unless the court makes one or more of the findings in section 361(c) by clear and convincing evidence.

The extent of progress the parents or legal guardians have made toward alleviating or mitigating the causes necessitating placement in foster care.

Whether the nonminor and parent or guardian were actively involved in the development of the case plan;

The number and relationship of those relatives described by (ii) who are interested in ongoing contact with the nonminor;

Whether the nonminor and parent, parents, or guardian agree to court-ordered reunification services;

Whether reunification services are in the best interest of the nonminor; and

The extent of the agency's compliance with the case plan in making reasonable efforts or, in the case of an Indian child, active efforts, as described in section 361.7, to create a safe home of the parent or guardian for the nonminor dependent to reside in or to complete whatever steps are necessary to finalize the permanent placement of the nonminor dependent; and

Whether a nonminor who is an Indian child chooses to have the Indian Child Welfare Act apply to them as a nonminor dependent.

Whether there is a substantial probability that the nonminor will be able to safely reside in the home of the parent or guardian by the next review hearing date.

The number and relationship of those relatives described by (i) who were located and notified;

Order the county agency to comply with rule 5.481, if there was no inquiry or determination of whether the nonminor dependent was an Indian child before the nonminor dependent attained 18 years of age and the nonminor dependent requests an Indian Child Welfare Act determination.

Whenever court-ordered services are provided, the social worker must prepare a case plan consistent with section 16501.1 and the requirements of rule 5.690(c).

information addressing the required judicial determinations of section 366.31(e).

If siblings are not placed together, an explanation of why they have not been placed together in the same home, what efforts are being made to place the siblings together, or why making those efforts would be contrary to the safety and well-being of any of the siblings.

How and when the Transitional Independent Living Case Plan was developed, including the nature and the extent of the nonminor's participation in its development and, for an Indian child who has elected to have the Indian Child Welfare Act apply to them, the extent of consultation with the tribal representative.

The reasonable efforts that were made to prevent or eliminate the need for removal.

Whether reasonable efforts have been made to prevent or eliminate the need for removal;

The number of relatives identified and the relationship of each to the nonminor;

The individualized plan for the nonminor to satisfy one or more of the criteria in section 11403(b) and the nonminor's anticipated placement as specified in section 11402; and

Whether the social worker has exercised due diligence in conducting the required investigation to identify, locate, and notify the nonminor dependent's relatives consistent with section 309(e); and

Whether one of the conditions of section 361(c) existed immediately before the youth attained 18 years of age.

The petitioner must prepare a social study of the nonminor if the court proceeds to a disposition hearing. The social study must include a discussion of all matters relevant to disposition and a recommendation for disposition.

A plan for achieving legal permanence or successful adulthood, if reunification is not being considered.

The extent of progress the parent or guardian has made toward alleviating or mitigating the causes necessitating placement in foster care;

The nonminor's alternate plan for their transition to independence-including housing, education, employment, and a support system-in the event that the nonminor does not remain under juvenile court jurisdiction.

If it is known or there is reason to know that the nonminor is an Indian child, efforts to locate extended family members as defined in section 224.1, and evidence that all individuals contacted have been provided with information about the option of obtaining approval for placement through the tribe's license or approval procedure.

the requirements of section 366.31(d), if reunification services under section 361.6 are recommended, or

If the nonminor lacks competence as described, the court must appoint a guardian ad litem to decide whether to consent on the nonminor’s behalf by completing and signing form JV-463.

All other relevant information as required in sections 358 and 358.1.

The youth must give informed consent to the disposition hearing by completing and signing Nonminor's Informed Consent to Hold Disposition Hearing (form JV-463).

In the order of disposition, the court must state that the social study and the study or evaluation by the CASA volunteer, if any, have been read and considered by the court.

Order that placement and care is vested with the placing agency.

The requirements of section 366.31(b).

If the court makes the finding in (2), the following findings and orders must be made and included in the written court documentation of the hearing, with the exception of those findings and orders stated in (C) that may be made at the nonminor disposition hearing or at a nonminor dependent status review hearing under section 366.31 and rule 5.903 to be held within 60 days:

The findings and orders required by rule 5.903(e);

A plan for reuniting the nonminor with the family, including a plan of visitation, developed in collaboration with the nonminor, parent or guardian, and child and family team;

The number and relationship of those relatives described by (ii) who are interested in providing placement for the nonminor; and

(1) Except as provided in paragraph (2), the juvenile court order must be filed in any pending nullity, dissolution, legal separation, guardianship, Uniform Parentage Act, Domestic Violence Prevention Act, or other family law custody proceeding and, when filed, becomes a part of that proceeding.

(B) If the receiving court has not issued a custody or visitation order in the pending proceeding, the clerk must not file the received order in that proceeding, but must instead proceed under paragraph (3).

The copy sent by the receiving court's clerk under paragraph (d) must be endorsed and show the case number assigned by that court, and it must be sent with a completed clerk's certificate of service for inclusion in the child's file.

(A) If the receiving court has issued a custody or visitation order in the pending proceeding, the clerk must file the received order in that proceeding.

(1) Prepare the order for the court's signature;

(3) If no dependency, family law, or guardianship proceeding affecting custody or visitation of the child is pending, the order must be used to open a new custody proceeding in the receiving court.

the social worker must file a subsequent petition under section 342 or a supplemental petition under section 387.

If the child signed form JV-228 and the hearing is the last before the child turns 18 or the social worker recommends terminating juvenile court jurisdiction, the social worker must provide the child a blank form JV-229 before the hearing.

(B) The child's alternate plan for his or her transition to independence, including housing, education, employment, and a support system in the event the child does not remain under juvenile court jurisdiction after attaining 18 years of age.

(E) Whether the child has an in-progress application pending for Special Immigrant Juvenile Status or other applicable application for legal residency and whether an active dependency case is required for that application;

(C) For an Indian child to whom the Indian Child Welfare Act applies, whether he or she intends to continue to be considered an Indian child for the purposes of the ongoing application of the Indian Child Welfare Act to him or her as a nonminor dependent;

(5) Whether the child has an in-progress application pending for Special Immigrant Juvenile Status or other applicable application for legal residency and whether an active dependency case is required for that application;

(9) When and how the child was informed that if juvenile court jurisdiction is terminated, he or she has the right to file a request to return to foster care and have the juvenile court resume jurisdiction over him or her as a nonminor dependent.

(1) The child's plans to remain under juvenile court jurisdiction as a nonminor dependent including the criteria in section 11403(b) that he or she plans to meet;

(H) Whether the child understands the potential benefits of remaining under juvenile court jurisdiction as a nonminor dependent; and

(8) When and how the child was provided with information about the potential benefits of remaining under juvenile court jurisdiction as a nonminor dependent and the social worker's assessment of the child's understanding of those benefits; and

(4) Whether the child has applied for and, if so, the status of any in-progress application pending for title XVI Supplemental Security Income benefits and, if such an application is pending, whether it will be in the child's best interest to continue juvenile court jurisdiction until a final decision is issued to ensure that the child receives continued assistance with the application process;

(A) Whether the child's Transitional Independent Living Case Plan includes a plan for the child to satisfy one or more of the criteria in section 11403(b) and the specific criteria it is anticipated the child will satisfy;

(D) Whether the child has an in-progress application pending for title XVI Supplemental Security Income benefits and, if such an application is pending, whether it is in the child's best interest to continue juvenile court jurisdiction until a final decision has been issued to ensure that the child receives continued assistance with the application process;

(6) The efforts made by the social worker toward providing the child with the written information, documents, and services described in section 391(b) and (c), and to the extent that the child has not yet been provided with them, the barriers to providing the information, documents, or services and the steps that will be taken to overcome those barriers by the date the child attains 18 years of age;

(I) Whether the child has been informed that if juvenile court jurisdiction is terminated after he or she attains 18 years of age, he or she has the right to file a request to return to foster care and have the juvenile court resume jurisdiction over him or her as a nonminor dependent.

(F) Whether all the information, documents, and services in sections 391(b) and (c) were provided to the child, and whether the barriers to providing any missing information, documents, or services can be overcome by the date the child attains 18 years of age;

(A) The individualized plan for the child to satisfy one or more of the criteria in section 11403(b) and the child's anticipated placement as specified in section 11402; and

(7) When and how the child was informed of his or her right to have juvenile court jurisdiction terminated when he or she attains 18 years of age;

(2) The efforts made by the social worker to help the child meet one or more of the criteria in section 11403(b);

(3) For an Indian child to whom the Indian Child Welfare Act applies, his or her plans to continue to be considered an Indian child for the purposes of the ongoing application of the Indian Child Welfare Act to him or her as a nonminor dependent;

(B) Whether there is included in the child's Transitional Independent Living Case Plan an alternative plan for the child's transition to independence, including housing, education, employment, and a support system in the event the child does not remain under juvenile court jurisdiction after attaining 18 years of age;

(G) Whether the child has been informed of his or her right to have juvenile court jurisdiction terminated when he or she attains 18 years of age;

(3) The child was actively involved, as age- and developmentally appropriate, in the development of the case plan and plan for permanent placement; or

(2) The court must follow all procedures in rule 5.590 regarding writ petition rights, advisements, and forms.

(5) Each parent or legal guardian was actively involved in the development of the case plan and plan for permanent placement; or

(B) A description of the efforts made to achieve legal permanence for the child if reunification efforts fail;

(7) In the case of an Indian child, the agency consulted with the Indian child's tribe, as defined in rule 5.502, and the tribe was actively involved in the development of the case plan and plan for permanent placement, including consideration of tribal customary adoption as an appropriate permanent plan for the child if reunification is unsuccessful; or

(6) Each parent or legal guardian was not actively involved in the development of the case plan and plan for permanent placement, in which case the court must order the agency to actively involve that parent or legal guardian in the development of the case plan and plan for permanent placement, unless the court finds that the parent or legal guardian is unable, unavailable, or unwilling to participate; and

(1) If the child is not returned to the custody of the parent or legal guardian, the court must consider whether reasonable services have been offered or provided. The court must find that reasonable services have been offered or provided or have not been offered or provided.

Any limitation on the rights of a parent or guardian to make educational or developmental-services decisions for the child must be specified in the court order.

(9) For a child 12 years of age or older in a permanent placement, the child was given the opportunity to review the case plan, sign it, and receive a copy; or

(2) If the child is not returned to the custody of the parent or legal guardian, the court must consider the safety of the child and make the findings listed in sections 366(a) and 16002.

When the court limits a parent’s or guardian’s educational decision-making rights, or makes the stated best-interests finding for a nonminor or nonminor dependent, it must appoint a responsible adult as educational rights holder under rule 5.502.

Before the hearing, the social worker must investigate and file a report describing the services offered to the family, progress made, and, if relevant, the prognosis for return of the child to the parent or legal guardian.

If the agency did not consult with the Indian child’s tribe and the tribe was not actively involved in developing the case plan and permanent-placement plan, the court must order the agency to do so unless the court finds that the tribe is unable, unavailable, or unwilling to participate.

(2) The court must enter any additional findings as required by section 366 and section 16002.

(C) A factual discussion of each item listed in sections 366.1 and 366.21(c); and

At the review hearing, the court must read and consider the listed reports, case plan, and other evidence, and state on the record that it has done so.

(A) Recommendations for court orders and the reasons for those recommendations;

If at any review hearing the court places the child with a noncustodial parent, or if the court has previously made such a placement, the court may, after stating on the record or in writing the factual basis for the order:

(4) The child was not actively involved, as age- and developmentally appropriate, in the development of the case plan and plan for permanent placement, in which case the court must order the agency to actively involve the child in the development of the case plan and plan for permanent placement, unless the court finds the child is unable, unavailable, or unwilling to participate; and

The written notice of a review hearing must use Notice of Review Hearing (form JV-280).

The court must follow the procedures in rules 5.649-5.651.

(1) The court must determine whether the child has other siblings under the court's jurisdiction. If so, the court must make the additional determinations required by section 366(a)(1)(D); and

(10) The child was not given the opportunity to review the case plan, sign it, and receive a copy, in which case the court must order the agency to give the child the opportunity to review the case plan, sign it, and receive a copy.

(D) A factual discussion of the information required by section 16002(b).

(1) The case plan meets the requirements of section 16501.1; or

(2) The case plan does not meet the requirements of section 16501.1, in which case the court must order the agency to comply with the requirements of section 16501.1; and

If the court does not order the return of the child to the custody of the parent or legal guardian, the court must specify the factual basis for its finding of risk of detriment.

At the hearing, the court and all parties must comply with all relevant requirements and procedures in rule 5.708, General review hearing requirements. The court must make all appropriate findings and orders specified in rule 5.708, and proceed under section 366.25 and as follows:

(B) The child's tribe concurs with tribal customary adoption; and

(A) The agency has consulted the child's tribe about tribal customary adoption;

(C) Tribal customary adoption is an appropriate permanent plan for the child.

The court and all parties must comply with all relevant requirements, procedures, findings, and orders related to section 366.26 hearings in rule 5.708(h)-(j).

(B) The agency has not made diligent efforts to locate an appropriate relative. If the court makes such a finding, the court must order the agency to make diligent efforts to locate an appropriate relative; and

(A) The agency has made diligent efforts to locate an appropriate relative; or

(C) Each relative whose name has been submitted to the agency as a possible caregiver has been evaluated as an appropriate placement resource; or

(D) Each relative whose name has been submitted to the agency as a possible caregiver has not been evaluated as an appropriate placement resource. If the court makes such a finding, the court must order the agency to evaluate as an appropriate placement resource each relative whose name has been submitted to the agency as a possible caregiver.

The requirements in rule 5.708(c) must be followed in entering a reasonable services finding.

notice must be given to any CASA volunteer, Indian custodian, and de facto parent on Notice of Hearing on Selection of a Permanent Plan (form JV-300).

Before the hearing, petitioner must prepare an assessment under section 366.21(i).

(4) The address and telephone number of the caregiver and the child may be kept confidential by filing Confidential Information-Prospective Adoptive Parent (form JV-322), with form JV-321.

(3) If a request for prospective adoptive parent designation is made in writing, it must be made on Request for Prospective Adoptive Parent Designation (form JV-321).

(E) Proof of Notice Under Section 366.26(n) (form JV-326) must be filed with the court before the hearing on the request for prospective adoptive parent designation.

(B) Prospective Adoptive Parent Designation Order (form JV-327) must be used to provide notice of a hearing on the request for prospective adoptive parent designation.

(1) A request for hearing on the proposed removal must be made on Objection to Removal (form JV-325).

DSS or the agency must provide notice on Notice of Intent to Remove Child (form JV-323).

If the court order made after a hearing on an intent to remove a child is appealed, the appeal must be brought as a petition for writ review under rules 8.454 and 8.456.

A blank copy of Objection to Removal (form JV-325) and Request for Prospective Adoptive Parent Designation (form JV-321) must also be provided to all participants listed in (b) except the court.

Notice of Emergency Removal (form JV-324) must be used to provide notice of an emergency removal, as described below.

(6) Proof of Notice Under Section 366.26(n) (form JV-326) must be filed with the court before the hearing on the proposed removal.

(3) Telephone notice must include the reasons for removal as indicated on the form, and notice of the right to object to the removal.

(4) Proof of Notice Under Section 366.26(n) (form JV-326) must be filed with the court before the hearing on the emergency removal.

(1) A request for hearing on the emergency removal must be made on Objection to Removal (form JV-325).

(4) Whenever possible, the agency, at the time of the removal, must give a blank copy of Request for Prospective Adoptive Parent Designation (form JV-321) and a blank copy of Objection to Removal (form JV-325) to the caregiver and, if the child is 10 years of age or older, to the child.

In addition, the petitioner must complete Adoption Agreement (form ADOPT-210) and Adoption Order (form ADOPT-215).

All adoption petitions must be completed on Adoption Request (form ADOPT-200) and must be verified.

The record must reflect the court’s consideration of the specified assessment, any CASA report, and all other reports or documents admitted into evidence.

A petitioner seeking to adopt an Indian child must also complete Adoption of Indian Child (form ADOPT-220).

The notice to the California Department of Social Services must include a copy of the completed Adoption Request (form ADOPT-200) and a copy of any adoptive placement agreement or agency joinder filed in the case.

(4) The clerk must open a confidential adoption file for each child and this file must be separate and apart from the dependency file, with an adoption case number different from the dependency case number.

(1) At the hearing, each adoptive parent must execute Adoption Agreement (form ADOPT-210) in the presence of and with the acknowledgment of the court.

A completed Termination of Dependency (Juvenile) (form JV-364) must be filed in the child's juvenile dependency file.

(2) If the child to be adopted is 12 years of age or older, he or she must also execute Adoption Agreement (form ADOPT-210), except in the case of a tribal customary adoption.

If applicable, Parent of Indian Child Agrees to End Parental Rights (form ADOPT-225) may be filed.

The court must issue orders regarding visitation of the child by a parent or former guardian, unless the court finds that visitation would be detrimental to the physical or emotional well-being of the child.

Neither a separate petition nor a separate hearing is required.

If the court finds that legal guardianship is the appropriate permanent plan, the court must appoint the guardian and order the clerk to issue letters of guardianship, (Letters of Guardianship (Juvenile) (form JV-330)) as soon as the guardian has signed the required affirmation.

The recommendation for appointment of a guardian must be included in the social study report prepared by the county welfare department or in the assessment prepared for the hearing under section 366.26.

The court may issue orders regarding visitation of the child by a relative.

At the first review hearing after a youth turns 16, the social worker must provide the information, documents, and services required by section 391(a) and use form JV-361.

At a review hearing after a youth turns 18, the social worker must provide the information, documents, and services required by section 391(c) and use form JV-363.

At the last review hearing before a youth turns 18, the social worker must provide the information, documents, and services required by section 391(b)-(c) and use form JV-362.

If the court is terminating jurisdiction at this review hearing, the social worker must also provide the information, documents, and services required by section 391(h), must follow the procedures in rule 5.555, and must use Termination of Juvenile Court Jurisdiction-Nonminor (form JV-365).

A petition to terminate or change a juvenile-court guardianship must be filed in juvenile court, follow rule 5.570, and use form JV-180.

(2) The child's placement and care must be the responsibility of the probation department pending disposition or further order of the court.

(1) If the court determines that the child can be returned to the home of the parent or legal guardian through the provision of services, the court must release the child to the parent or guardian and order that the probation department provide the required services.

(3) Reasonable efforts have been made to prevent or eliminate the need for removal of the child, or reasonable efforts were not made.

(1) As soon as possible, the probation officer must provide services that will enable the child's parent or legal guardian to obtain such assistance as may be needed to effectively provide the care and control necessary for the child to return home; and

(3) The need, if any, for continued detention;

(1) The reasons the child has been removed;

Before detaining a child, the court must make the specified determinations case by case and state the evidence relied on in reaching its decision.

(4) Available services to facilitate the return of the child;

(1) Continuance in the home of the parent or guardian is contrary to the child's welfare;

(2) Any prior referral for abuse or neglect of the child and any prior filing of a petition regarding the child under section 300;

(2) If the child cannot be returned to the home of the parent or legal guardian, the court must state the facts on which the detention is based.

(7) Documentation that reasonable efforts were made to prevent or eliminate the need for removal of the child from the home and documentation of the nature and results of the services provided.

(6) Documentation that continuance in the home is contrary to the child's welfare; and

The court must reference the probation officer's report or other evidence relied on to make its determinations:

(5) Whether there are any relatives able and willing to provide effective care and control over the child;

(2) Temporary placement and care is the responsibility of the probation officer pending disposition or further order of the court; and

(4) If the court orders the release of a child who is a dependent of the court under section 300, the court must order the child welfare services department either to ensure that the child's current caregiver takes physical custody of the child or to take physical custody of the child and place the child in a licensed or approved placement.

If the court orders the child detained at the detention hearing and no parent or guardian is present and no parent or guardian has received actual notice of the detention hearing, a parent or guardian may file an affidavit alleging the failure of notice and requesting a detention rehearing.

The report must also include any written or oral statement offered by the victim pursuant to section 656.2.

If the court, under section 281, orders the probation officer to include a recommendation, the probation officer must make a recommendation to the court as to whether the youth should be retained under the jurisdiction of the juvenile court or transferred to the jurisdiction of the criminal court.

The probation officer must prepare and submit to the court a report on the behavioral patterns and social history of the youth being considered.

The report must include information relevant to the determination of whether the youth should be retained under the jurisdiction of the juvenile court or transferred to the jurisdiction of the criminal court, including information regarding all of the criteria in section 707(a)(3).

If the court orders a transfer of jurisdiction to the criminal court, the court must recite the basis for its decision in an order entered on the minutes.

When ruling on a transfer request, the court must advise parties present about appellate review, orally or in writing at the ruling, including the filing time and the youth’s appeal-related rights and steps.

The court must state on the record the basis for its decision, including how it weighed the evidence and identifying the specific factors on which the court relied to reach its decision. This statement must include the reasons supporting the court's finding that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court.

If the court finds the youth should be transferred to the jurisdiction of the criminal court, the court must make orders under section 707.1 relating to bail and to the appropriate facility for the custody of the youth, or release on own recognizance pending prosecution.

If the court grants the continuance, its order must require the child and parent or guardian to participate in a section 654 supervision program.

(2) The court must state in its order the facts requiring any continuance that is granted.

A written continuance notice must be accompanied by supporting documents.

(6) There is a factual basis for the admission or plea of no contest;

(4) The child understands the nature of the conduct alleged in the petition and the possible consequences of an admission or plea of no contest;

(7) Those allegations of the petition as admitted are true as alleged;

(3) The child has knowingly and intelligently waived the right to a hearing on the issues by the court, the right to confront and cross-examine adverse witnesses and to use the process of the court to compel the attendance of witnesses on the child's behalf, and the right to assert the privilege against self-incrimination;

(9) In a section 602 matter, the degree of the offense and whether it would be a misdemeanor or felony had the offense been committed by an adult. If any offense may be found to be either a felony or misdemeanor, the court must consider which description applies and expressly declare on the record that it has made such consideration and must state its determination as to whether the offense is a misdemeanor or a felony. These determinations may be deferred until the disposition hearing.

(5) The admission or plea of no contest is freely and voluntarily made;

(1) Notice has been given as required by law;

(8) The child is described by section 601 or 602; and

(2) The birthdate and county of residence of the child;

If the child neither admits nor denies the allegations, the court must state on the record that the child does not admit the allegations.

If the child wishes to admit the allegations, the court must first find and state on the record that it is satisfied that the child understands the nature of the allegations and the direct consequences of the admission, and understands and waives the rights in (b).

(3) The allegations of the petition have not been proved.

(2) The birthdate and county of residence of the child;

(2) The birthdate and county of residence of the child; and

(5) In a section 602 matter, the degree of the offense and whether it would be a misdemeanor or a felony had the offense been committed by an adult.

(4) The child is described by section 601 or 602; and

(3) The allegations of the petition are true;

If any offense may be found to be either a felony or a misdemeanor, the court must consider which description applies and expressly declare on the record that it has made such consideration, and must state its determination as to whether the offense is a misdemeanor or a felony.

(1) Notice has been given as required by law;

The court must order the Youth Authority to submit a diagnosis and recommendation within 90 days

The probation officer must prepare a social study of the child, which must contain all matters relevant to disposition, including any parole status information, and a recommendation for disposition.

(5) If the probation officer believes that foster care placement is the most appropriate disposition for the child, the case plan must include all of the information required by section 706.6.

In the order of disposition the court must state that the social study has been read and considered by the court.

When a child is detained and is at risk of entering foster care placement, the probation officer must prepare a case plan.

(4) If the probation officer believes that the child will be able to return home through reasonable efforts by the child, the parents or guardian, and the probation officer, the case plan must include the elements described in section 636.1(b).

(1) In any case in which the probation officer is recommending placement in foster care or in which the child is already in foster care placement or pending placement under an earlier order, the social study must include a case plan as described in (c).

Require the parent to participate with the child in a counseling or education program; and

The court must document its determination by making a finding on the record.

Dismiss the petition in the interests of justice and the welfare of the child or, if the child does not need treatment or rehabilitation, with the specific reasons stated in the minutes;

If the child is detained or and at risk of entering foster care placement or within 30 days of the court order placing the child into foster care, the court must consider and determine whether the probation officer has exercised due diligence in conducting the required investigation to identify, locate, and provide notification and information as required in paragraph (2) of rule 5.637(c) to the child's kin.

Require the child to be at the child's residence between 10:00 p.m. and 6:00 a.m. unless accompanied by a parent or a guardian or an adult custodian.

Reunification services need not be provided to the parent or guardian if the court finds, by clear and convincing evidence, that one or more of the exceptions listed in section 727.2(b) is true.

The court may limit the control exercised over the ward by a parent or guardian. Orders must clearly specify all limitations. In particular, the court must consider whether it is necessary to limit the rights of the parent or guardian to make educational or developmental-services decisions for the child. If the court limits those rights, it must follow the procedures in rules 5.649-5.651.

If the court orders removal under subdivision (d), it must authorize placement under section 727, consider all four stated placement factors, and consider the listed placement options in the stated order of priority.

At the disposition hearing, the court must consider and state on the record whether an offense is a misdemeanor or felony if it has not already done so, and must expressly state its consideration and finding when either classification is possible.

Require the child to attend school;

When the court places the child's care, custody, and control under probation-officer supervision for placement, it must order the probation department to ensure reunification services for the stated purposes.

The court may not order a ward removed from a parent or guardian's physical custody unless it finds at least one of the three stated grounds.

If the child is placed on probation, with or without wardship, the court must set reasonable terms and conditions of probation.

If any offense may be found to be either a felony or a misdemeanor, the court must consider which description applies and expressly declare on the record that it has made such consideration and must state its determination as to whether the offense is a misdemeanor or a felony.

Unless determined previously, the court must find and note in the minutes the degree of the offense committed by the youth, and whether it would be a felony or a misdemeanor had it been committed by an adult.

If the youth is declared a ward under section 602 and ordered removed from the physical custody of a parent or guardian, the court must specify and note in the minutes the maximum period of confinement under section 726.

If the judgment previously deferred is imposed and a disposition hearing is scheduled under section 793(a), the juvenile court must report the complete criminal history of the child to the Department of Justice under section 602.5.

If it is determined that the child is ineligible for deferred entry of judgment, the prosecuting attorney must complete and provide to the court, the child, and the child's attorney Determination of Eligibility-Deferred Entry of Judgment-Juvenile (form JV-750).

If the prosecuting attorney's review reveals that the requirements of (a) have been met, the prosecuting attorney must file Determination of Eligibility-Deferred Entry of Judgment-Juvenile (form JV-750) with the petition.

The programs best suited to assist the child and the child's family.

The court must issue Citation and Written Notification for Deferred Entry of Judgment-Juvenile (form JV-751) to the child's custodial parent, guardian, or foster parent.

The child's age, maturity, educational background, family relationships, motivation, any treatment history, and any other relevant factors regarding the benefit the child would derive from education, treatment, and rehabilitation efforts; and

After acceptance of the child's admission, the court must set a date for review of the child's progress and a date by which the probation department must submit to the court, the child, the child's parent or guardian, the child's attorney, and the prosecuting attorney a report on the child's adherence to the conditions set by the court.

The court must, at the time of the commitment, order the probation department to prepare a proposed individualized rehabilitation plan for the youth as provided by section 875(d).

To encourage engagement with the approved rehabilitation plan, each probation department operating a secure youth treatment facility must regularly and systematically track each youth’s positive behavior and report it, with a recommendation on any downward baseline-term adjustment, at every progress hearing.

In developing this recommendation, the probation department must consult with and report on the input of all other agencies or entities providing services to the youth.

The court must state on the record its reasons for selecting a particular term, referencing each of the criteria and any factors the court deemed relevant.

the court must recite the basis for that finding on the record

If the child signed form JV-228 and the hearing is the last before the child turns 18 or the social worker recommends terminating jurisdiction, the probation officer must give the child a blank form JV-229 before the hearing.

If the court is terminating jurisdiction at this review hearing, the probation officer must also provide the information, documents, and services required by section 391(h), must follow the procedures in rule 5.555, and must use Termination of Juvenile Court Jurisdiction-Nonminor (form JV-365).

The report must contain recommendations for court findings and orders and must document the evidentiary basis for those recommendations.

A Notice of Hearing-Juvenile Delinquency Proceeding (form JV-625) must be used.

The determinations required by (a)(3) must be made on a case-by-case basis, and the court must reference, in its written findings, the probation officer's report and any other evidence relied on in reaching its decision.

If it is the first review hearing after the youth turns 16 years of age, the probation officer must provide the information, documents, and services required by section 391(a) and must use First Review Hearing After Youth Turns 16 Years of Age-Information, Documents, and Services (form JV-361).

Any limitation on the rights of a parent or guardian to make educational or developmental-services decisions for a ward must be specified in the court order.

Before each hearing described above, the probation officer must investigate and prepare a social study report that must include an updated case plan and all of the information required in sections 706.5, 706.6, 727.2, 727.3, and 16002.

If it is a review hearing after the youth turns 18 years of age, the probation officer must provide the information, documents, and services required by section 391(c) and must use Review Hearing for Youth 18 Years of Age or Older-Information, Documents, and Services (form JV-363).

If it is the last review hearing before the youth turns 18 years of age, the probation officer must provide the information, documents, and services required by section 391(b)-(c) and must use Review Hearing for Youth Approaching 18 Years of Age-Information, Documents, and Services (form JV-362).

The permanent plan order must include an order regarding the nature and frequency of visitation with the parents or guardians.

The court must document its determination by making a finding on the record.

(4) An order continuing the appointment of the attorney of record, or appointing a new attorney as the attorney of record for the nonminor dependent.

For a young person covered by subsection (a), the report due at least 10 calendar days before the hearing must include the specified removal, jurisdiction, foster care placement, initial removal finding dates and statements, and continued-removal information.

(4) Whether the young person intends to sign a mutual agreement with the probation department or social services agency for placement in a supervised setting as a nonminor dependent;

(9) When and how the young person was informed that if juvenile court jurisdiction is terminated, he or she can file a request to return to foster care and have the court resume jurisdiction over him or her as a nonminor.

(A) A statement that "continuance in the home is contrary to the child or nonminor's welfare" and that "reasonable efforts have been made to prevent or eliminate the need for removal";

(C) Identification of the agency that is responsible for placement and care of the child based on the modification of jurisdiction.

(3) Whether the young person has been informed that he or she may decline to become a transition dependent and have juvenile court jurisdiction terminated at a hearing set under rule 5.555;

(5) Whether the young person signed a mutual agreement with the probation department or social services agency for placement in a supervised setting as a transition dependent and, if so, a recommendation as to which agency should be responsible for placement and care of the transition dependent;

(7) Whether the young person's Transitional Independent Living Case Plan includes a plan for the young person to satisfy at least one of the conditions in section 11403(b); and

(1) Whether notice has been given as required by law;

(A) Whether the young person's return to the home of his or her parent or legal guardian would create a substantial risk of detriment to the young person's safety, protection, or physical or emotional well-being-the facts supporting this finding must be stated on the record;

(C) Whether the young person's case has been set for a hearing to terminate parental rights or establish a guardianship.

(8) Whether the young person has had an opportunity to confer with his or her attorney.

(B) Whether reunification services have been terminated; and

(2) Whether the young person is a nonminor who was subject to an order for foster care placement on the day of the young person's 18th birthday and is within the age eligibility requirements for extended foster care;

(6) Whether the young person plans to meet at least one of the conditions in section 11403(b) and what efforts the probation officer has made to help the young person meet any of these conditions;

(2) An order vacating the underlying adjudication and dismissing the associated delinquency petition under Penal Code section 236.14.

(5) Whether the young person was informed that if juvenile court jurisdiction is terminated, the young person can file a request to return to foster care and may have the court resume jurisdiction over the young person as a nonminor dependent;

(1) Whether the young person is subject to an order for foster care placement and is older than 17 years, 5 months of age and younger than 18 years of age;

(6) Whether the benefits of remaining under juvenile court jurisdiction as a nonminor dependent were explained and whether the young person understands them;

(1) An order adjudging the young person a transition dependent as of the date of the hearing or pending his or her 18th birthday and granting status as a nonminor dependent under the general jurisdiction of the court. The order modifying the court's jurisdiction must contain all of the following provisions:

(4) Whether each parent or legal guardian is currently able to provide the care, custody, supervision, and support the child requires in a safe and healthy environment;

(5) An order setting a nonminor dependent status review hearing under section 366.31 and rule 5.903 within six months of the last hearing held under section 727.2 or 727.3.

(B) A statement that the child continues to be removed from the parents or legal guardian from whom the child was removed under the original petition; and

(8) When and how the young person was informed that he or she may decline to become a transition dependent and have the juvenile court terminate jurisdiction at a hearing under section 391 and rule 5.555; and

(2) Whether the underlying adjudication is subject to vacatur under Penal Code section 236.14;

(7) When and how the young person was informed of the benefits of remaining under juvenile court jurisdiction as a transition dependent and the probation officer's assessment of the young person's understanding of those benefits;

Whether all the information, documents, and services in sections 391(e) were provided to the child, and whether the barriers to providing any missing information, documents, or services can be overcome by the date the child attains 18 years of age;

The individualized plan for the child to satisfy one or more of the criteria in section 11403(b) and the child's anticipated placement as specified in section 11402;

The current ability of each parent or legal guardian to provide the care, custody, supervision, and support the child requires in a safe and healthy environment.

Whether the notices and information required under section 607.5 were provided to a child who is or was subject to an order for foster care placement.

Whether the child understands the potential benefits of remaining under juvenile court jurisdiction as a nonminor dependent;

The child's Transitional Independent Living Case Plan and Transitional Independent Living Plan, which must include:

Whether the child has an in-progress application pending for Special Immigrant Juvenile Status or other applicable application for legal residency and whether an active juvenile court case is required for that application;

The child's alternate plan for his or her transition to independence, including housing, education, employment, and a support system in the event the child does not remain under juvenile court jurisdiction after attaining 18 years of age.

For a child previously determined to be a dual status child for whom the probation department was designated the lead agency under section 241.1(e)(5)(B), whether the return to the home of the parents or legal guardian would be detrimental to the minor. The facts supporting the finding must be stated on the record.

The efforts made by the probation officer toward providing the child with the written information, documents, and services described in section 391 and, to the extent that the child has not yet been provided with them, the barriers to providing the information, documents or services and the steps that will be taken to overcome those barriers by the date the child attains 18 years of age;

When and how the child was informed that if juvenile court jurisdiction is terminated after he or she attains 18 years of age, he or she has the right to file a request to return to foster care and have the juvenile court assume or resume transition jurisdiction over him or her as a nonminor dependent;

When and how the child was informed that upon reaching 18 years of age he or she may request the dismissal of juvenile court jurisdiction over him or her under section 778;

When and how the child was provided with information regarding the potential benefits of remaining under juvenile court jurisdiction as a nonminor dependent and the probation officer's assessment of the child's understanding of those benefits;

For an Indian child, his or her plans to continue to be considered an Indian child for the purposes of the ongoing application of the Indian Child Welfare Act to him or her as a nonminor dependent;

The child's plans to remain under juvenile court jurisdiction as a nonminor dependent including the criteria in section 11403(b) that he or she plans to meet;

Whether the child has an in-progress application pending for title XVI Supplemental Security Income benefits and, if such an application is pending, whether it is in the child's best interest to continue juvenile court jurisdiction until a final decision has been issued to ensure that the child receives continued assistance with the application process;

Whether the child has been informed that he or she may decline to become a nonminor dependent;

The order modifying the court's jurisdiction must be made before the underlying petition is vacated;

Whether the child has been informed that if after reaching 18 years of age juvenile court jurisdiction is terminated, he or she has the right to file a request to return to foster care and have the juvenile court assume or resume transition jurisdiction over him or her as a nonminor dependent;

For a dual status child for whom dependency jurisdiction was suspended under section 241.1(e)(5)(A), whether the return to the home of the parents or legal guardian would be detrimental to the minor. The facts supporting the finding must be stated on the record.

Whether the child has been informed that upon reaching 18 years of age he or she may request the dismissal of juvenile court jurisdiction over him or her under section 778;

For the written documentation of the specified hearings concerning a child approaching majority, the court must document whether the required plan includes both the individualized section 11403(b) plan and the alternate transition plan addressing housing, education, employment, and support.

For the written documentation of a hearing described in (a)(1)–(4) involving a child who is not a dual status child, the court must document the findings specified in (d)(1)(D)(i)–(v), including supporting facts on the record where required.

the report must state whether the child was provided with the notices and information required under section 607.5 and include a description of:

For reports prepared for hearings described in (a)(1)–(4) concerning the specified dual status child, the report must address detriment from return home, recommend whether jurisdiction should be modified to dependency under section 300, and provide supporting facts.

Whether the child has applied for and, if so, the status of any in-progress application pending for title XVI Supplemental Security Income benefits and, if such an application is pending, whether it is in the child's best interest to continue juvenile court jurisdiction until a final decision has been issued to ensure that the child receives continued assistance with the application process;

The efforts made by the probation officer to help the child meet one or more of the criteria in section 11403(b);

If reunification services have not been previously terminated, the progress of each parent or legal guardian toward participating in case plan service activities and meeting the case plan goals developed to resolve his or her issues that were identified and contributed to the child's removal from his or her custody.

The child's progress toward meeting the case plan goals that will enable him or her to be a law-abiding and productive member of his or her family and the community. This information is not required if dismissal of delinquency jurisdiction and vacatur of the underlying adjudication is based on Penal Code section 236.14.

For reports prepared for hearings described in (a)(1)–(4) concerning the specified dual status child, the report must include the joint assessment and supporting facts; if the agencies disagree, the child welfare services agency must file a separate report with supporting facts.

For an Indian child to whom the Indian Child Welfare Act applies, whether he or she intends to continue to be considered an Indian child for the purposes of the ongoing application of the Indian Child Welfare Act to him or her as a nonminor dependent;

For reports prepared for hearings described in (a)(1)–(4) concerning a child who is not a dual status child, the report must recommend whether jurisdiction should be modified as specified and state the supporting facts.

Whether the rehabilitative goals for this child have been met and juvenile court jurisdiction over the child as a ward is no longer required. The facts supporting the finding must be stated on the record. This finding is not required where dismissal of delinquency jurisdiction is based on Penal Code section 236.14.

Whenever jurisdiction over a young person is modified under section 450(a)(1)(B), the modifying order must contain all provisions listed in (f)(2)(B), including the required direction to seal and later destroy arrest records.

Whenever the court modifies jurisdiction over a dependent or ward under section 241.1, 607.2, or 727.2, the modifying order must contain the original removal findings and date, the specified continuing-removal statements, and the agency responsible for placement and care.

(6) Whether the ward plans to meet at least one of the conditions in section 11403(b) and what efforts the probation officer has made to help the ward meet any of the conditions;

(8) When and how the ward was informed that he or she may decline to become a nonminor dependent and have the juvenile court terminate jurisdiction at a hearing under section 391 and rule 5.555; and

The probation officer's report due at least 10 calendar days before the hearing must address the ward's removal and wardship history, either qualifying foster-care placement pathway, the date of the initial removal findings, and whether the ward remains removed from the parent or legal guardian identified in the original petition.

(3) Whether the ward's rehabilitative goals as stated in the case plan have been met and whether juvenile court jurisdiction over the ward is no longer required;

(3) Whether the ward has been informed that he or she may decline to become a nonminor dependent and have juvenile court jurisdiction terminated at a hearing set under rule 5.555;

(2) Whether the nonminor comes within the description of section 450;

(7) When and how the ward was informed of the benefits of remaining under juvenile court jurisdiction as a nonminor dependent and the probation officer's assessment of the ward's understanding of those benefits;

(7) Whether the ward's Transitional Independent Living Case Plan includes a plan for the ward to satisfy at least one of the conditions in section 11403(b); and

(1) An order modifying the court's jurisdiction over the child from delinquency to transition jurisdiction and setting a nonminor dependent status review hearing under section 366.31 and rule 5.903 within six months of the last hearing held under section 727.2 or 366.31.

(1) Whether the ward is a nonminor who was subject to an order for foster care placement on the day of the ward's 18th birthday and is within the age eligibility requirements for extended foster care;

(C) Identification of the agency that is responsible for placement and care of the nonminor dependent based on the modification of jurisdiction.

(2) The hearing must be held before a judicial officer and recorded by a court reporter.

(A) A reference to the initial removal findings, the date those findings were made, and a statement that the findings-"continuance in the home is contrary to the child's welfare" and "reasonable efforts were made to prevent removal"-made at that hearing remain in effect;

(9) When and how the ward was informed that if juvenile court jurisdiction is terminated, he or she can file a request to return to foster care and have the court resume jurisdiction over him or her as a nonminor.

(B) A statement that the nonminor dependent continues to be removed from the parents or legal guardian from whom the nonminor dependent was removed under the original petition; and

(5) Whether the ward signed a mutual agreement with the probation department or social services agency for placement in a supervised setting as a nonminor dependent and, if so, a recommendation as to which agency should be responsible for placement and care of the nonminor dependent;

(1) Whether notice has been given as required by law;

(4) Whether the ward was informed that if juvenile court jurisdiction is terminated, the ward can file a request to return to foster care and may have the court resume jurisdiction over the ward as a nonminor;

(1) The probation officer must request a hearing for the court to consider modifying delinquency jurisdiction to transition jurisdiction.

(4) Whether the probation officer recommends the modification of juvenile court jurisdiction over the ward from that of a ward under section 601 or 602 to that of a nonminor dependent under section 450 and the facts in support of that recommendation;

(6) Whether the ward has signed a mutual agreement with the probation department for placement in a supervised setting as a nonminor dependent;

(5) Whether the benefits of remaining under juvenile court jurisdiction as a nonminor dependent were explained and whether the ward understands them;

(8) Whether the ward has had an opportunity to confer with his or her attorney.

(2) An order continuing the appointment of the attorney of record or appointing a new attorney as the attorney of record for the nonminor dependent.

Whether the ward has been informed that he or she may decline to become a transition dependent and have juvenile court jurisdiction terminated at a hearing set under rule 5.555;

When and how the ward was informed of the benefits of remaining under juvenile court jurisdiction as a transition dependent and the probation officer's assessment of the ward's understanding of those benefits;

Whether the ward was informed that if juvenile court jurisdiction is terminated, the ward can file a request to return to foster care and may have the court resume jurisdiction over the ward as a nonminor dependent;

Whether the ward's Transitional Independent Living Case Plan includes a plan for the ward to satisfy at least one of the conditions in section 11403(b); and

When and how the ward was informed that if juvenile court jurisdiction is terminated, he or she can file a request to return to foster care and have the court resume jurisdiction over him or her as a nonminor.

Whether the probation officer recommends the modification of the juvenile court's jurisdiction over the ward from that of a ward under section 601 or 602 to that of a transition dependent under section 450;

Whether the ward is subject to an order for foster care placement and is older than 17 years, 5 months of age and younger than 18 years of age;

The probation officer must request a hearing for the court to consider modifying delinquency jurisdiction to transition jurisdiction.

Whether reunification services have been terminated;

Whether the ward intends to sign a mutual agreement with the probation department or social services agency for placement in a supervised setting as a nonminor dependent;

An order modifying the court's jurisdiction over the child from delinquency to transition jurisdiction and adjudging the ward a transition dependent pending his or her 18th birthday and status as a nonminor dependent under the transition jurisdiction of the court. The order modifying the court's jurisdiction must contain all of the following provisions:

A statement that the child continues to be removed from the parents or legal guardian from whom the child was removed under the original petition; and

Whether notice has been given as required by law;

A reference to the initial removal findings, the date those findings were made, and a statement that the findings-"continuance in the home is contrary to the child's welfare" and "reasonable efforts were made to prevent removal"-made at that hearing remain in effect;

The hearing must be held before a judicial officer and recorded by a court reporter.

Whether the ward plans to meet at least one of the conditions in section 11403(b) and what efforts the probation officer has made to help the ward meet any of these conditions;

Identification of the agency that is responsible for placement and care of the child based on the modification of jurisdiction.

Whether the ward's rehabilitative goals as stated in the case plan have been met and whether juvenile court jurisdiction over the ward is no longer required;

Whether the ward has had an opportunity to confer with his or her attorney.

Whether the ward's return to the home of his or her parent or legal guardian would create a substantial risk of detriment to the ward's safety, protection, or physical or emotional well-being. The facts supporting this finding must be stated on the record;

Whether each parent or legal guardian is currently able to provide the care, custody, supervision, and support the child requires in a safe and healthy environment;

Whether the ward comes within the description of section 450;

The report must address the ward’s removal and placement history under either stated pathway, the date and substance of the initial removal findings, and whether removal from the original parents or legal guardian continues.

Whether the benefits of remaining under juvenile court jurisdiction as a nonminor dependent were explained and whether the ward understands them;

When and how the ward was informed that he or she may decline to become a transition dependent and have the juvenile court terminate jurisdiction at a hearing under section 391 and rule 5.555; and

At least 10 calendar days before the hearing, the probation officer must submit a report to the court that includes information regarding:

The report must address whether the ward signed the specified mutual placement agreement and, if so, recommend which agency should be responsible for placement and care.

Whether the ward's case has been set for a hearing to terminate parental rights or establish a guardianship;

An order continuing the appointment of the attorney of record, or appointing a new attorney, as the attorney of record for the nonminor dependent.

An order setting a nonminor dependent status review hearing under section 366.31 and rule 5.903 within six months of the last hearing held under section 727.2 or 727.3.

The proceedings for appointment of a legal guardian must be conducted according to the procedural requirements of section 366.26, except for subdivision (j).

The preparer of the assessment must be available for examination by the court or any party to the proceedings.

Neither a separate petition nor a separate hearing is required.

A petition to modify or terminate a legal guardianship established by the juvenile court, including a petition to appoint a co-guardian or successor guardian, must be filed and heard in juvenile court.

(1) All the elements required to be addressed in the assessment prepared under Welfare and Institutions Code section 727.31(b); and

The procedures described in rule 5.570 must be followed, and Request to Change Court Order (form JV-180) must be used.

If the court makes the necessary findings under section 366.26(c)(4)(A), the court must appoint a legal guardian for the child and order the clerk to issue letters of guardianship (Letters of Guardianship (Juvenile) (form JV-330)) as soon as the appointed guardian has signed them.

On the stated recommendations, motion, or court determination, the court must set a guardianship hearing and order the probation officer to prepare an assessment.

The probation officer's recommendation for appointment of a legal guardian may be included in the social study report and case plan submitted under sections 706.5 and 706.6.

(2) A statement confirming that the proposed guardian has been provided with a copy of Becoming a Child's Guardian in Juvenile Court (form JV-350-INFO) or La función de un tutor nombrado por la corte de menores (form JV-350-INFO S).

The court must read and consider the assessment prepared by the probation officer and any other relevant evidence.

(2) If the probation department has determined that a compelling reason exists, it must document that reason in the case file. The documentation may be a separate document or may be included in another court document, such as the social study prepared for a permanency planning hearing.

Will the probation department continue to have ongoing case management and supervision of the case, pending the termination of parental rights hearing?

In each county, the county probation department and the county child welfare department must jointly develop a protocol for freeing wards for adoption.

Will the probation department or the child welfare department prepare the notices and other legal documents required before a termination of parental rights hearing?

Once a finding has been made that the permanent plan for the ward must be adoption and the case is set for a section 727.31 hearing, how will the referral be made to the licensed county adoption agency, or to the State Department of Social Services when it is acting as the adoption agency, to prepare an adoption assessment, as required by section 727.3(j)?

In counties in which different judicial officers hear delinquency and dependency matters, what procedure will be used to ensure that the dependency judge will hear each 727.31 hearing?

Will the probation department or the child welfare department prepare the petition for adoption and other forms needed after the 727.31 hearing to complete the adoption process?

When and how will wards be referred to the licensed county adoption agency, or State Department of Social Services when it is acting as the adoption agency, for a determination of whether the ward is adoptable, as described by section 727.3(i)(2)?

(6) If the petition is granted, the court must order the sealing of all records described in section 781 using form JV-590, Order to Seal Juvenile Records-Welfare and Institutions Code Section 781, or a similar form.

(C) Prepare a report to the court with a recommendation supporting or opposing the requested sealing; and

If the court does seal the ward's records under section 786, the court must provide or instruct the probation department to provide form JV-596-INFO, Sealing of Records for Satisfactory Completion of Probation, and a copy of the sealing order as provided in rule 5.840.

(B) If the individual's records have been sealed under section 786, form JV-596-INFO, Sealing of Records for Satisfactory Completion of Probation, and a copy of the sealing order.

(B) Conduct an investigation under section 781 and compile a list of cases and contact addresses of every agency or person that the probation department knows has a record of the ward's case-including the date of each offense, case number(s), and date when the case was closed-to be attached to the sealing petition;

(A) If the individual's records have not been sealed under section 786, form JV-595-INFO, How to Ask the Court to Seal Your Records, and form JV-595, Request to Seal Juvenile Records; or

At the time jurisdiction is terminated or the case is dismissed, the court must provide or instruct the probation department to provide form JV-595-INFO, How to Ask the Court to Seal Your Records, and form JV-595, Request to Seal Juvenile Records, to the ward if the court does not seal the ward's records under section 786.

(A) Prepare the petition;

The application for a petition to seal juvenile records may be submitted on form JV-595, Request to Seal Juvenile Records, or on another form that includes all required information.

The court must specify in its order the date by which all sealed records must be destroyed.

For court records this date may be no earlier than the date the subject of the order attains age 21 and no later than the end of the time frame set forth in section 781(d).

For all other records, the date may be no earlier than the date the subject of the order attains age 18, and no later than the time frame set forth in section 781(d) unless that time frame expires prior to the date the subject attains 18 years of age.

The court shall also provide or instruct the probation department to provide the individual with form JV-596-INFO, Sealing of Records for Satisfactory Completion of Probation.

The court must appoint counsel to represent the child before or at the hearing unless the court finds that the child has made an intelligent waiver of the right to counsel under section 634 or is already represented.

The petition must be provided to the probation department within 60 days of the date the notice from the probation department was sent, and must include a copy of that notice.

Within 60 days of the satisfactory completion of a program subject to this rule, the probation department must notify the person in writing that his or her records have been sealed.

A person notified of unsatisfactory completion and denial of sealing may seek court review by submitting form JV-598 or a similar local form to the probation department, which must file the petition with the court for a hearing.

If the program was not satisfactorily completed, the probation department must give the person written reasons for not sealing the record and a copy of form JV-598 or a similar local form for seeking review.

Form JV-592, Prosecutor Request for Access to Sealed Juvenile Case File, may be used for this purpose.

Forms JV-593, Notice of Prosecutor Request for Access to Sealed Juvenile Case File, and JV-594, Response to Prosecutor Request for Access to Sealed Juvenile Case File, may be used for this purpose.

The request must include a form for the court to notify the person whose records are to be accessed as well as that person's attorney of record, and a form for those individuals to respond in writing and to request an appearance before the juvenile court.

If the court approves the request, the order must include appropriate limits on the access, inspection, utilization, and disclosure of the sealed record information in order to protect the confidentiality of the person whose sealed record is at issue.

If a written response is filed no more than 10 days after the date the notice was issued and no appearance has been requested, the clerk of the court must provide that response to the juvenile court for its consideration as it reviews the prosecuting attorney's request.

If a response is filed no more than 10 days after the date the notice was issued and an appearance is requested, the clerk of the court must set a hearing and provide notice of the hearing to the person with the sealed record, the attorney of record for that person, and the prosecuting attorney who filed the request.

Such limits may include protective orders to accompany authorized disclosure, discovery, or access, including an order that the prosecuting attorney first submit the records to be disclosed to the court for its review and possible redaction to protect confidentiality.

The court must approve the request, in whole or in part, if it determines that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation.

The court must review the case file and records that have been referenced by the prosecuting attorney's request as well as any response provided as set forth in subdivision (c)(2).

Any request filed with the juvenile court under this rule must include the prosecuting attorney's rationale for believing that access to the information in the record may be necessary to meet the disclosure obligation and the date by which the records are needed. The date must allow for sufficient time to meet the notice and hearing requirements of this rule.