Description: The Tribal Court–State Court Forum and the Family and Juvenile Law Advisory Committee propose that, effective January 1, 2025, the Judicial Council approve two new forms and revise four existing forms to clarify that the requirement to recognize and enforce child custody orders under the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act (found in sections 3400–3465 of the Family Code) applies to custody orders issued by a tribal court. Tribal court judges report that they have experienced problems having their child custody orders registered and enforced because the existing form refers only to out-of-state custody orders and does not reference tribal court orders.
Category: Family and Juvenile
Item Number: SPR24-36
Deadline: May 3, 2024
File: spr24-36.pdf
Description: The Family and Juvenile Law Advisory Committee proposes implementing Senate Bill 599 by amending one standard of judicial administration relating to supervised visitation, approving a new information sheet to include the new statutory definition of virtual visitation, and revising three forms relating to child custody and visitation (parenting time) for cases involving allegations of a parent or parents’ history of abuse or substance abuse under Family Code section 3011.
Category: Family and Juvenile
Item Number: SPR24-26
Deadline: May 3, 2024
File: spr24-26.pdf
Description: The Family and Juvenile Law Advisory Committee recommends adopting one new form and revising six forms to simplify the process for all adopting parents, and their counsel if represented. The committee further recommends revising the adoption request form to conform to a portion of Assembly Bill 1650 (Patterson; Stats. 2023, ch. 76) which requires that the petitioner inform the court, in writing, whether the petitioner has entered, or has agreed to enter, into a postadoption contact agreement.
Category: Family and Juvenile
Item Number: SPR24-23
Deadline: May 3, 2024
File: spr24-23.pdf
Description: The Family and Juvenile Law Advisory Committee proposes amending one rule of court to implement Assembly Bill 1756 (Stats. 2023, ch. 478, § 62), which amended Welfare and Institutions Code section 10850.4 to extend the juvenile court’s jurisdiction in cases involving the death of a child or nonminor dependent. The committee also proposes adopting one rule of court, amending two rules of court, adopting a new form, and revising six forms to clarify the different legal standards for petitions seeking disclosure of a living child’s juvenile case file under section 827(a)(3) and a deceased child’s juvenile case file under section 827(a)(2).
Category: Family and Juvenile
Item Number: SPR24-20
Deadline: May 3, 2024
File: spr24-20.pdf
Description: To implement recent legislation creating new factors to be considered by the juvenile court at a detention hearing, the Family and Juvenile Law Advisory Committee proposes amending three rules and revising one Judicial Council form, effective January 1, 2025. Senate Bill 578 (Ashby; Stats. 2023, ch. 618) amended Welfare and Institutions Code section 319 to require the court to consider the impact on the child when being separated from their parent or guardian at a detention hearing. The proposal would amend rules and revise a form related to the detention hearing to address the new reporting requirements and clarify the court’s role in mitigating harm to the child related to removal from their home.
Category: Family and Juvenile
Item Number: SPR24-19
Deadline: May 3, 2024
File: spr24-19.pdf
Description: The Family and Juvenile Law Advisory Committee and Criminal Law Advisory Committee propose revising form MIL-100, effective January 1, 2025. The Family and Juvenile Law Advisory Committee proposes revising form MIL-100 to implement the requirements of Family Code section 211.5, which was added by Senate Bill 1182 (Stats. 2022, ch. 385). The proposed changes would allow the court to comply with section 211.5 when the form is filed in a family law case involving a person who has military, veteran, reserve, or active status. The Criminal Law Advisory Committee proposes additional revisions to form MIL-100 to clarify procedures under Penal Code section 858 when the form is filed in a criminal case, and to reference treatment options for pretrial diversion under Penal Code section 1001.80. The committees also propose updating and reformatting the information on the back of the form for improved readability.
Category: Family and Juvenile
Item Number: SPR24-18
Deadline: May 3, 2024
File: spr24-18.pdf