Description: The Family and Juvenile Law Advisory Committee proposes amending one rule of court and revising one information form so that they conform to recently enacted statutory provisions concerning the sealing of juvenile records. The proposal would update the recently adopted rule and form, which implement sealing of records for cases sealed under Welfare and Institutions Code section 786 to include changes to that section that went into effect on January 1, 2019.
Category: Family and Juvenile
Item Number: SPR19-26
Deadline: June 10, 2019
File: spr19-26.pdf
Description: Recent changes in the law on the transfer of jurisdiction to a criminal court for children 14 and 15 years of age require rule and form changes to be consistent with the new provisions. Senate Bill 1391 (Lara; Stats. 2018, ch. 1012) amends Welfare and Institutions Code section 707 to provide that a child must be at least 16 years of age to be considered for transfer of jurisdiction to criminal court unless the individual for whom transfer is sought was 14 or 15 at the time of the offense, the offense is listed in section 707(b), and the individual was not apprehended until after the end of juvenile court jurisdiction. To implement these age-related changes in the jurisdiction of the juvenile court, the Family and Juvenile Law Advisory Committee proposes amending three rules of court and one form pertaining to the transfer-of-jurisdiction process and an informational form to reflect the new provisions.
Category: Family and Juvenile
Item Number: SPR19-25
Deadline: June 10, 2019
File: spr19-25.pdf
Description: The Collaborative Justice Courts Advisory Committee and the Family and Juvenile Law Advisory Committee recommend amending and renumbering one rule, and amending one rule, to conform to recent statutory changes regarding a minor who is the subject of a petition filed under Welfare and Institutions Code sections 601 or 602, when the court has a doubt as to the minor’s competency to understand the court proceedings.
Category: Family and Juvenile
Item Number: SPR19-24
Deadline: June 10, 2019
File: spr19-24.pdf
Description: The Family and Juvenile Law Advisory Committee recommends amending one rule and revising one form, to conform to recent statutory changes regarding (1) the circumstances that allow waiving the requirement for notice of the child welfare agency’s intent to place a child out of county; and (2) the time frame for notice of, and objection to, the agency’s intent to move a foster child to a different county, if that child is transitioning from a temporary placement facility.
Category: Family and Juvenile
Item Number: SPR19-23
Deadline: June 10, 2019
File: spr19-23.pdf
Description: The Family and Juvenile Law Advisory Committee recommends revising three forms to comply with recent statutory changes reforming juvenile justice and out-of-home case processes:
- Form JV-618, to comply with Senate Bill 190 (Mitchell; Stats. 2017, ch. 678), which rescinded the requirement that the family of a child who has been declared a delinquent ward pay certain fees associated with probation conditions and out of home placement of a child;
- Form JV-364, the dependency dismissal form, to include the necessary title IV-E findings.
- Form JV-180, to comply with permanency goals established by Continuum of Care Reform (CCR), to include a check box for resumption of reunification services
Category: Family and Juvenile
Item Number: SPR19-22
Deadline: June 10, 2019
File: spr19-22.pdf
Description: The Tribal Court–State Court Forum (forum) and the Family and Juvenile Law Advisory Committee recommend adopting a new rule of court, amending several other California Rules of Court, and revising several forms for Indian Child Welfare Act (ICWA) and juvenile court dependency proceedings to comply with statutory changes in Assembly Bill 3176 (Waldron; Stats. 2018, ch. 833) as well as changes to governing federal regulations and guidelines. The proposal also addresses technical amendments and corrections, and responds to several appellate court decisions regarding ICWA rules and forms.
Category: Family and Juvenile
Item Number: SPR19-42
Deadline: June 10, 2019
File: spr19-42.pdf
Description:
The Family and Juvenile Law Advisory Committee recommends adopting one rule of court and amending one rule of court, and approving three forms and amending three forms, to conform to recent statutory changes regarding children for whom the juvenile court has approved requests for prescription of psychotropic medications, which were enacted by Senate Bill 377 (McGuire; Stats. 2019, ch. 547).
Category: Family and Juvenile
Item Number: W20-07
Deadline: February 12, 2020
File: w20-07.pdf
Description:
The Family and Juvenile Law Advisory Committee recommends amending California Rules of Court, rule 5.649 (Right to make educational or developmental-services decisions); revising Order Designating Educational Rights Holder (form JV-535) and its attachment (form JV-535(A)); and adopting form JV-535-INFO to clarify requirements, alleviate confusion, and provide more guidance on service of process. The committee considers this proposal a matter of some urgency because it has received several comments about and requests for improvements to forms JV-535, JV-535(A), and rule 5.649 from court clerks, attorneys, and judges primarily expressing confusion about what the rule requires, inadequate guidance on service requirements, and a lack of clarity and insufficient information on the forms. This proposal details suggested amendments to the rule, revisions to the forms, and the adoption of a new form, JV-535-INFO, to further clarify the procedural requirements regarding educational rights holders.
Category: Family and Juvenile
Item Number: W20-08
Deadline: February 11, 2020
File: w20-08.pdf
Description: The Tribal Court–State Court Forum and the Family and Juvenile Law Advisory Committee recommend effective January 1, 2021, amending rule 5.514 and adopting a new mandatory form to be used to have a judge witness the consent of an Indian parent or custodian to the temporary custodial placement of an Indian child in accordance with section 1913 of title 25 of the United States Code, 25 Code of Federal Regulations parts 23.125–23.127, and Welfare and Institutions Code section 16507.4(b)(3).
Category: Family and Juvenile
Item Number: SPR20-29
Deadline: June 9, 2020
File: spr20-29.pdf
Description: The Tribal Court–State Court Forum and the Family and Juvenile Law Advisory Committee recommend revising rule 5.522 of the California Rules of Court and approving a new optional form and instructions sheet for that form, effective January 1, 2021, to be used by an Indian child’s tribe to provide information to the court on issues where consultation with the child’s tribe is required by the Indian Child Welfare Act, and the tribe’s position on these issues in cases governed by the Indian Child Welfare Act. This proposal originated with comments from tribal advocates and attorneys.
Category: Family and Juvenile
Item Number: SPR20-30
Deadline: June 9, 2020
File: spr20-30.pdf