CHAPTER SEVEN JUVENILE DIVISION RULES145 JURISDICTION ...

1 SUPERIOR COURT OF CALIFORNIA county OF LOS angeles -xlii- CHAPTER SEVEN JUVENILE DIVISION RULES ..145 JURISDICTION , CONFIDENTIALITY, AND ACCESS TO RECORDS PROCEEDINGS, OR JUVENILES ..145 JURISDICTION ..145 (a) (b) Coordination of Custody Proceedings ..145 (c) Welfare and Institutions Code Section Joint Assessments Policy ..145 CONFIDENTIALITY OF JUVENILE CASE FILES ..146 (a) General Confidentiality ..146 (b) Welfare and Institutions Code Section 827 Petitions ..148 (c) Access to Probation and Department of Children and Family Services PUBLIC AND MEDIA COURTROOM ACCESS ..151 (a) General Rule ..151 (b) Observation Orders for Educational Purposes.

2 152 (c) Requests for Interviewing, Photographing, Videotaping, or Voice Recording of Dependent/Delinquent Children ..152 (d) Research Requests ..153 MEDICAL AND PSYCHIATRIC TREATMENT ..155 MEDICAL CONSENT PROGRAM ..155 (a) Medical Consent ..155 (b) Notification ..155 (c) Emergency Medical Consent ..156 LIFE-SUSTAINING MEDICAL TREATMENT ..156 (a) Policy ..156 (b) Former Baby Doe Policy ..156 (c) Court Designation ..156 (d) Definitions ..156 (e) JUVENILE Court JURISDICTION ..156 (f) (g) Court Procedure ..157 (h) Factors ..157 (i) Medical Neglect of Disabled Infants With Life-Threatening Conditions ..157 PROCEDURES FOR HIV/AIDS TESTING OF DEPENDENT CHILDREN.

3 158 SUPERIOR COURT OF CALIFORNIA county OF LOS angeles -xliii- (a) Policy ..158 (b) Subject to Testing Without Court Order ..158 (c) Authorization for Testing by Court Order ..158 (d) Disclosure of Confidential Test Result or Diagnosis ..159 (e) Report for Presiding Judge ..159 PRESCRIPTION AND ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS FOR DEPENDENTS AND WARDS OF THE JUVENILE COURT ..159 SPECIALIZED MENTAL HEALTH TREATMENT OF DEPENDENT AND DELINQUENT CHILDREN ..160 VOLUNTARY COMMITMENT OF DEPENDENT AND DELINQUENT MINORS FOR INPATIENT OR OUTPATIENT MENTAL HEALTH SERVICES ..160 (a) Procedure ..160 (b) Role of JUVENILE Court ..160 (c) Role of DCFS, Probation Department and Mental Health SPECIAL DEPARTMENTS.

4 160 SPECIALLY DESIGNATED DEPARTMENTS ..160 (a) ICWA Cases ..160 (b) Deaf/Hard of Hearing Dependent Children/Families ..161 DEPENDENCY PROCEDURE AND APPEARANCES AND DAILY COURTROOM PRACTICE IN DEPENDENCY COURT ..161 (a) Policy ..161 (b) Session Hours ..161 (c) Conduct of Counsel and Parties in the Courtroom ..161 CHILDREN S APPEARANCES ..162 FOSTER PARENT APPEARANCES AND PARTICIPATION ..162 FAILURE OF ATTORNEY TO APPEAR ..162 REHEARING ON ORDER OF A COMMISSIONER OR REFEREE PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTION (a) General Procedure ..162 (b) Forms ..163 MOTION REQUIREMENTS AND PROCEDURE ..163 SUPERIOR COURT OF CALIFORNIA county OF LOS angeles -xliv- (a) Policy.

5 163 (b) Service ..163 (c) Emergency Application for Hearing ..163 (d) Demurrer and Motion to Strike ..163 (e) Motion for Continuance ..163 APPOINTMENT OF COUNSEL AND SPECIAL ADVOCATE ..164 LEGAL REPRESENTATION ..164 (a) Appointment of Counsel for Adults ..164 (b) Appointment of Counsel for Children ..164 (c) Eligibility for Appointment as Counsel for Adults ..165 (d) Eligibility for Appointment as Counsel for Children ..165 (e) General Practice for Court-Appointed Attorneys in Dependency Court ..166 (f) Practice Guidelines for Representing Children in Dependency Court ..167 (g) Eligibility for Continued Practice in Dependency Court ..167 (h) Caseloads for Children s Attorneys.

6 168 COURT-APPOINTED SPECIAL ADVOCATE ..168 (a) Program ..168 (b) (c) Referral Criteria ..168 (d) Evaluation of a Referral ..168 (e) Acceptance of a Referral ..168 (f) Status of CASA Volunteers ..168 TIME LIMITATION AND PRE-HEARING ISSUES ..169 TIME LIMITATIONS FOR DEPENDENCY PROCEEDINGS ..169 DETENTION HEARINGS/CHILDREN IN SHELTER CARE ..169 PRE-HEARING DISCOVERY ..170 HEARINGS IN ABSENCE OF PARTIES ..170 RESOLUTION WITHOUT HEARING ..170 MEDIATION ..170 SUPERIOR COURT OF CALIFORNIA county OF LOS angeles -xlv- (a) Program (Purpose of Mediation; Process/Procedures to Arrange Mediation Conference) ..170 (b) Confidentiality.

7 172 (c) The Mediation Process ..172 (d) Mediation Conference Continued ..172 (e) Domestic Violence Protocol; Security ..172 PRE-TRIAL PROCEDURE ..173 MANDATORY SETTLEMENT CONFERENCE ..173 (a) Meet and Confer ..173 (b) Filing Trial Statement ..173 (c) Extension of Time ..174 (d) Contents of Joint Trial Statement ..174 (e) TRIAL AND RELEASE BEFORE DISPOSITION ..175 TRIAL IN PROGRESS ..175 APPOINTMENT OF EXPERTS ..175 (a) Indigent Parties ..175 (b) Discoverability of Expert s Report ..175 (c) Fees ..175 LAY WITNESS FEES AND COSTS ..175 (a) Authorization ..175 (b) Policy ..175 (c) Procedure ..175 APPLICATION FOR DETENTION OR RELEASE OF CHILDREN IN DEPENDENCY COURT SUBSEQUENT TO DETENTION HEARING AND PRIOR TO DISPOSITION IN EMERGENCY AND NON-EMERGENCY SITUATIONS.

8 176 (a) General Policy ..176 (b) Non-Emergency Applications for Detention or Release ..176 (c) Emergency Applications for Detention or Release ..176 (d) Conduct of Hearings ..177 MISCELLANEOUS PROVISIONS ..177 FINANCIAL RESPONSIBILITY UNDER WELFARE AND INSTITUTIONS CODE SECTION (a) Policy ..177 (b) Time of Referral ..177 DEPENDENCY COURT TORT SUPERIOR COURT OF CALIFORNIA county OF LOS angeles -xlvi- (a) Representation of Dependent Children in Tort Actions ..177 (b) Reporting Duties of Child s Dependency (c) Procedure for Filing an Injury Report Pursuant to Subdivision (b) ..178 (d) Penalty for Failure to Report ..178 PETITION PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTION 331.

9 178 CLIENT COMPLAINT PROCESS ..178 (a) Client Complaint Form ..178 (b) Filing the Complaint ..178 (c) Review of the Complaint ..179 (d) Confidential Files ..179 JUVENILE COURT BLANKET ORDERS ..179 SUPERIOR COURT OF CALIFORNIA county OF LOS angeles Page 145 of 207 Local Rules Effective July 1, 2018 CHAPTER SEVEN JUVENILE DIVISION RULES JURISDICTION , CONFIDENTIALITY, AND ACCESS TO RECORDS PROCEEDINGS, OR JUVENILES JURISDICTION (a) JURISDICTION . Three classes of children come within the JURISDICTION of the JUVENILE DIVISION : dependent children, status offenders, and youthful offenders. (Welf. & Inst. Code, 300, 601, 602, and Cal.)

10 Rules of Court, rule et seq.) (b) Coordination of Custody Proceedings. Local Rule governs the coordination of multiple proceedings involving the same child(ren). Counsel must be familiar with Local Rule and Welfare and Institutions Code section 304, which gives the JUVENILE court JURISDICTION during the pendency of a dependency action over all issues in proceedings under the Family Law and Probate codes that affect the custody of child(ren). (1) Identification. The dependency court hearing a matter should determine at the earliest possible time whether a related family law or probate case is pending in another court.