Description: The Family and Juvenile Law Advisory Committee proposes new and amended rules and new and revised forms to conform to recently enacted statutory provisions concerning the sealing of juvenile records. The proposal would update recently adopted rules and forms to implement sealing of records under Welfare and Institutions Code section 7861 to include changes to that section that go into effect on January 1, 2018; modify forms to reflect the authority of the court to seal records for section 707(b) offenses; and adopt a new rule and optional form for use by probation to seal records under newly enacted section 786.5.
Category: Family and Juvenile
Item Number: W18-06
Deadline: February 14, 2018
File: w18-06.pdf
Description: The Family and Juvenile Law Advisory Committee recommends revising three Judicial Council forms to inform parents whose children are the subject of juvenile court wardship proceedings about recent changes to the law that affect their rights and the rights of those children.
Category: Family and Juvenile
Item Number: W18-05
Deadline: February 9, 2018
File: w18-05.pdf
Description: The Family and Juvenile Law Advisory Committee proposes revising two forms to update legal information covering the establishment, supervision, modification, and termination of guardianships in juvenile court proceedings in language and a format easily understood by a person not trained in law. The proposal is needed to comply with an ongoing statutory mandate. Revisions were also suggested by child welfare departments, county counsel’s offices, juvenile courts, and the Judicial Council’s Probate and Mental Health Advisory Committee.
Category: Family and Juvenile
Item Number: SPR18-29
Deadline: June 8, 2018
File: spr18-29.pdf
Description: The Family and Juvenile Law Advisory Committee recommends amending one rule and repealing and adopting one rule of the California Rules of Court, and approving two forms, to conform to recent statutory changes regarding who a child welfare agency must notice when moving a foster child to a different county.
Category: Family and Juvenile
Item Number: SPR18-28
Deadline: June 8, 2018
File: spr18-28.pdf
Description: In title 5 of the California Rules of Court, the rules that provide the procedures to be followed during dependency court hearings from the initiation of the case through each of the status review hearings repeat statutory text, which makes the rules more cumbersome and necessitates frequent amendments whenever the underlying statutes are amended. During the 2017 legislative session, four bills were enacted that require amendments to the existing rules of court. This proposal would delete some of these unnecessary sections in the rules or replace them with references to the relevant code sections to enhance the brevity and accuracy of the rules.
Category: Family and Juvenile
Item Number: SPR18-27
Deadline: June 8, 2018
File: spr18-27.pdf
Description: The Family and Juvenile Law Advisory Committee proposes revising Judicial Council form JV-690 to provide clarity and conformity with Welfare and Institutions Code section 827(b) on what information is disseminated to a school when a child has committed certain criminal offenses.1 The current form contains inaccuracies in the listed offenses and has been reported as confusing in terms of whether only the offenses on the form can be communicated to the school. The proposed changes reflect closely the language of section 827(b) and give the court the option to indicate the specific code section of the offense that was adjudicated. In addition, it is proposed that the form be revised to include more specific information for the school on how the form may be disseminated, to enhance confidentiality and help avoid situations in which the form is disseminated incorrectly. Finally, the committee recommends removing offenses from the form that are no longer eligible as felonies or misdemeanors.
Category: Family and Juvenile
Item Number: SPR18-26
Deadline: June 8, 2018
File: spr18-26.pdf
Description: To implement Assembly Bill 976 (Stats. 2017, ch. 319), the Family and Juvenile Law Advisory Committee proposes amending 15 of the California Rules of Court, adopting one new rule, and revising seven Judicial Council forms. Assembly Bill 976 authorizes electronic filing and service in juvenile matters, pursuant to Code of Civil Procedure section 1010.6. The bill extends the ability to conduct electronic filing and service to all juvenile matters, with some important exceptions and conditions designed to protect the confidential information of minors and to preserve paper notice of specified proceedings. The bill also requires affirmative consent to electronic service for unrepresented parties as of January 1, 2019. These legal changes require the modifications to rules and forms proposed in the Invitation to comment.
Category: Family and Juvenile
Item Number: SPR18-25
Deadline: June 8, 2018
File: spr18-25.pdf
Description: The Family and Juvenile Law Advisory Committee proposes amending three rules and adopting one new rule of the California Rules of Court, revising eight Judicial Council forms, and approving two new Judicial Council forms to implement Assembly Bill 604 (Gipson; Stats. 2017, ch. 707), which clarified that extended foster care benefits are available to young people who have adjudications that are eligible for vacatur pursuant to Penal Code section 236.14. The committee further proposes revising form JV-462 to include certain changes necessitated by recent legislation. The committee also proposes making a technical change to form JV-462, and revising form JV-367 to reflect how the form is typically used. Finally, the committee proposes amending rules 5.903 and 5.906 to clarify who may attend status review hearings for former wards who have become nonminor dependents.
Category: Family and Juvenile
Item Number: SPR18-24
Deadline: June 8, 2018
File: spr18-24.pdf
Description: The Family and Juvenile Law Advisory Committee proposes approving two new forms to comply with Senate Bill 239 (Wiener; Stats. 2017, ch. 537), which decriminalizes convictions based on Penal Code section 647f and requires the Judicial Council to promulgate forms to implement the legislation. The proposed forms would allow those who are eligible for relief to request that their Penal Code 647f conviction be vacated and dismissed, and that they be resentenced, if appropriate.
Category: Family and Juvenile
Item Number: SPR18-23
Deadline: June 8, 2018
File: spr18-23.pdf
Description: The Family and Juvenile Law Advisory Committee proposes the adoption of a new rule of court to implement the requirements of Assembly Bill 712 (Bloom; Stats. 2017, ch. 316). The legislation requires the council to adopt a rule of court to establish time frames for the transfer and receipt of jurisdiction over family law actions.
Category: Family and Juvenile
Item Number: SPR18-22
Deadline: June 8, 2018
File: spr18-22.pdf