AMENDMENT TO THE CALIFORNIA RULES OF COURT (2019)

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AMENDMENT TO THE CALIFORNIA RULES OF COURT

Adopted by the Judicial Council on September 21, 2018, effective January 1, 2019

Rule 1.51. California Law Enforcement Telecommunications System (CLETS)

information form ......................................................................................................... 4

Rule 2.250. Construction and definitions .................................................................. 4

Rule 2.251. Electronic service ................................................................................... 5

Rule 2.255. Contracts with electronic filing service providers and electronic filing

managers ..................................................................................................................... 6

Rule 2.257. Requirements for signatures on documents............................................ 8

Chapter 2. Public Access to Electronic Trial Court Records ................................... 10

Article 1. General Provisions ................................................................................... 10

Rule 2.500. Statement of purpose ............................................................................ 10

Rule 2.501. Application, and scope, and information to the public.......................... 12

Rule 2.502. Definitions ............................................................................................. 13

Article 2. Public Access ........................................................................................... 14

Rule 2.503. Public access Application and scope ..................................................... 14

Rules 2.504–2.507 * * * ........................................................................................... 18

Article 3. Remote Access by a Party, Party’s Designee, Party’s Attorney,

Court-Appointed Person, or Authorized Person Working in a Legal

Organization or Qualified Legal Services Project .................................................... 18

Rule 2.515. Application and scope .......................................................................... 18

Rule 2.516. Remote access to extent feasible .......................................................... 19

Rule 2.517. Remote access by a party ..................................................................... 20

Rule 2.518. Remote access by a party’s designee ................................................... 20

Rule 2.519. Remote access by a party’s attorney .................................................... 22

Rule 2.520. Remote access by persons working in the same legal organization as a

party’s attorney ......................................................................................................... 23

Rule 2.521. Remote access by a court-appointed person......................................... 25

Rule 2.522. Remote access by persons working in a qualified legal services project

providing brief legal services .................................................................................... 26

Rule 2.523. Identity verification, identity management, and user access ................ 27

Rule 2.524. Security of confidential information .................................................... 29

Rule 2.525. Searches; unauthorized access............................................................... 29

Rule 2.526. Audit trails ............................................................................................ 30

Rule 2.527. Additional conditions of access ............................................................ 31

Rule 2.528. Termination of remote access................................................................ 31

Article 4. Remote Access by Government Entities ................................................. 31

Rule 2.540. Application and scope .......................................................................... 31

Rule 2.541. Identity verification, identity management, and user access ................ 34

Rule 2.542. Security of confidential information .................................................... 35

Rule 2.543. Audit trails ............................................................................................ 36

Rule 2.544. Additional conditions of access ............................................................ 36

Rule 2.545. Termination of remote access............................................................... 37

Rule 2.1009. Permanent medical excuse from jury service ..................................... 37

Article 4. Protective Orders ..................................................................................... 40

Rule 3.1160 3.1152. Requests for protective orders to prevent civil harassment,

workplace violence, private postsecondary school violence, and elder or dependent

adult abuse ................................................................................................................ 40

Rule 3.1161. Request to make minor’s information confidential in civil harassment

protective order proceedings ..................................................................................... 40

Rule 3.2300. Review under Penal Code section 186.35 of law enforcement agency

denial of request to remove name from shared gang database ................................. 47

Rule 4.131. Probable cause determinations under section 1368.1(a)(2).................. 51

Rule 5.97. Time frames for transferring jurisdiction ............................................... 52

Rule 5.382. Request to make minor’s information confidential in domestic violence

protective order proceedings ..................................................................................... 54

Rule 5.526. Citation to appear; warrants of arrest; subpoenas ................................. 61

Rule 5.552. Confidentiality of records (§§ 827, 827.12, 828) ................................. 62

Chapter 7. Intercounty Transfers and Placements; Interstate Compact on the

Placement of Children............................................................................................... 63

Rule 5.610. Transfer-out hearing ............................................................................. 63

Rule 5.614. Courtesy supervision (§§ 380, 755) ..................................................... 64

Rule 5.614. Intercounty Placements ........................................................................ 64

Rule 5.678. Findings in support of detention; factors to consider; reasonable efforts;

detention alternatives ................................................................................................ 66

Rule 5.690. General conduct of disposition hearing ................................................ 69

Rule 5.695. Findings and orders of the court—disposition ..................................... 70

Rule 5.708. General review hearing requirements................................................... 71

Rule 5.764 * * * ........................................................................................................ 73

Chapter 13. Cases Petitioned Under Sections 601 and 602 ..................................... 73

Article 2. Fitness Hearings on Transfer of Jurisdiction to Criminal Court .............. 73

Rule 5.811. Modification to transition jurisdiction for a ward older than 17 years and

5 months with a petition subject to dismissal (Welf. & Inst. Code, §§ 450, 451,

727.2(i)–(j), 778; Pen. Code, § 236.14) .................................................................... 73

Rule 5.812. Additional requirements for any hearing to terminate jurisdiction over

child in foster care and for status review or dispositional hearing for child

approaching majority (§§ 450, 451, 727.2(i)–(j), 778) ............................................. 78

Rule 5.903. Nonminor dependent status review hearing (§§ 224.1(b), 295, 366.1,

366.3, 366.31) ........................................................................................................... 81

Rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction

(§§ 224.1(b), 303, 388(e), 388.1) .............................................................................. 82

Rule 8.45. General provisions .................................................................................. 84

Rule 8.46. Sealed records......................................................................................... 85

Rule 8.47. Confidential records ............................................................................... 88

Rule 8.887. Decisions .............................................................................................. 91

Rule 8.888. Finality and modification of decision ................................................... 92

Rule 8.889. Rehearing.............................................................................................. 93

Rule 8.935. Filing, finality, and modification of decisions; rehearing; remittitur ... 93

Rule 8.976. Filing, finality, and modification of decisions; remittitur .................... 94

Rule 8.1005. Certification for transfer by the appellate division ............................. 95

Rule 10.64. Trial Court Budget Advisory Committee ............................................. 95

Rule 1.51. California Law Enforcement Telecommunications System (CLETS)

information form

(a)

Confidential CLETS Information form to be submitted to the court

A person requesting protective orders under Code of Civil Procedure section 527.6,

527.8, or 527.85; Family Code section 6320, 6404, or 6454; Penal Code sections

18100–18205; or Welfare and Institutions Code section 213.5 or 15657.03 must

submit to the court with the request a completed Confidential CLETS Information

form.

(Subd (a) amended effective January 1, 2019.)

(b)–(e) * * *

Rule 1.51 amended effective January 1, 2019; adopted effective January 1, 2011.

Rule 2.250. Construction and definitions

(a)

***

(b)

Definitions

As used in this chapter, unless the context otherwise requires:

(1)

A “document” is a pleading, a paper, a declaration, an exhibit, or another

filing writing submitted by a party or other person, or by an agent of a party

or other person on the party’s or other person’s behalf. A document is also a

notice, order, judgment, or other issuance by the court. A document may be

in paper or electronic form.

(2)

“Electronic service” has the same meaning as defined in Code of Civil

Procedure section 1010.6 is service of a document on a party or other person

by either electronic transmission or electronic notification. Electronic service

may be performed directly by a party or other person, by an agent of a party

or other person, including the party’s or other person’s attorney, through an

electronic filing service provider, or by a court.

(3)

“Electronic transmission” has the same meaning as defined in Code of Civil

Procedure section 1010.6 means the transmission of a document by electronic

means to the electronic service address at or through which a party or other

person has authorized electronic service.

(4)

“Electronic notification” has the same meaning as defined in Code of Civil

Procedure section 1010.6 means the notification of a party or other person

that a document is served by sending an electronic message to the electronic

service address at or through which the party or other person has authorized

electronic service, specifying the exact name of the document served and

providing a hyperlink at which the served document can be viewed and

downloaded.

(5)–(8) * * *

(9)

An “electronic filing manager” is a service that acts as an intermediary

between a court and various electronic filing service provider solutions

certified for filing into California courts.

(10) “Self-represented” means a party or other person who is unrepresented in an

action by an attorney and does not include an attorney appearing in an action

who represents himself or herself.

(Subd (b) amended effective January 1, 2019; adopted as unlettered subd effective January

1, 2003; previously amended and lettered effective January 1, 2011; previously amended

effective July 1, 2013, and January 1, 2018.)

Rule 2.250 amended effective January 1, 2019; adopted as rule 2050 effective January 1, 2003;

previously amended and renumbered effective January 1, 2007; previously amended effective

January 1, 2006, January 1, 2008, January 1, 2011, July 1, 2013, and January 1, 2018.

Rule 2.251. Electronic service

(a)

***

(b)

Electronic service by express consent of the parties

(1)

Electronic service may be established by consent. A party or other person

indicates that the party or other person agrees to accept electronic service by:

(A)

Serving a notice on all parties and other persons that the party or other

person accepts electronic service and filing the notice with the court.

The notice must include the electronic service address at which the

party or other person agrees to accept service; or

(B)

Electronically filing any document with the court. The act of electronic

filing is evidence that the party or other person agrees to accept service

at the electronic service address the party or other person has furnished

to the court under rule 2.256(a)(4). This subparagraph (B) does not

apply to self-represented parties or other self-represented persons; they

must affirmatively consent to electronic service under

subparagraph(A). Manifesting affirmative consent through electronic

means with the court or the court’s electronic filing service provider,

and concurrently providing the party’s electronic service address with

that consent for the purpose of receiving electronic service.

(C)

(2)

A party or other person may manifest affirmative consent under (B) by:

(i)

Agreeing to the terms of service agreement with an electronic

filing service provider, which clearly states that agreement

constitutes consent to receive electronic service electronically;

(ii)

Filing Consent to Electronic Service and Notice of Electronic

Service Address (form EFS-005-CV).

A party or other person that has consented to electronic service under (1) and

has used an electronic filing service provider to serve and file documents in a

case consents to service on that electronic filing service provider as the

designated agent for service for the party or other person in the case, until

such time as the party or other person designates a different agent for service.

(Subd (b) amended effective January 1, 2019; adopted as part of subd (a); previously

amended and relettered effective July 1, 2013; previously amended effective January 1,

2007, January 1, 2008, January 1, 2011, and January 1, 2018.)

(c)–(k)

***

Rule 2.251 amended effective January 1, 2019; adopted as rule 2060 effective January 1, 2003;

previously amended and renumbered as rule 2.260 effective January 1, 2007, and as rule 2.251

effective January 1, 2011; previously amended effective January 1, 2008, January 1, 2009, July 1,

2009, January 1, 2010, July 1, 2013, January 1, 2016, January 1, 2017, and January 1, 2018.

Rule 2.255. Contracts with electronic filing service providers and electronic filing

managers

(a)

Right to contract

(1)

A court may contract with one or more electronic filing service providers to

furnish and maintain an electronic filing system for the court.

(2)

If the court contracts with an electronic filing service provider, it may require

electronic filers to transmit the documents to the provider.

(3)

A court may contract with one or more electronic filing managers to act as an

intermediary between the court and electronic filing service providers.

(3)(4) If the court contracts with an electronic service provider or the court has an

in-house system, the provider or system must accept filing from other

electronic filing service providers to the extent the provider or system is

compatible with them.

(Subd (a) amended effective January 1, 2019; previously amended effective January 1,

2007, and January 1, 2011.)

(b)

Provisions of contract

(1)

The court’s contract with an electronic filing service provider may:

(A)

Allow the provider to charge electronic filers a reasonable fee in

addition to the court’s filing fee;

(B)

Allow the provider to make other reasonable requirements for use of

the electronic filing system.

(2)

The court’s contract with an electronic filing service provider must comply

with the requirements of Code of Civil Procedure section 1010.6.

(3)

The court’s contract with an electronic filing manager must comply with the

requirements of Code of Civil Procedure section 1010.6.

(Subd (b) amended effective January 1, 2019; previously amended effective January 1,

2018.)

(c)

Transmission of filing to court

(1)

An electronic filing service provider must promptly transmit any electronic

filing and any applicable filing fee to the court directly or through the court’s

electronic filing manager.

(2)

An electronic filing manager must promptly transmit an electronic filing and

any applicable filing fee to the court.

(Subd (c) amended effective January 1, 2019; previously amended effective January 1,

2011.)

(d)

***

(e)

Ownership of information

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.

(Subd (e) amended effective January 1, 2019; previously amended effective January 1,

2007.)

(f)

Establishing a filer account with an electronic filing service provider

(1)

An electronic filing service provider may not require a filer to provide a

credit card, debit card, or bank account information to create an account with

the electronic filing service provider.

(2)

This provision applies only to the creation of an account and not to the use of

an electronic filing service provider’s services. An electronic filing service

provider may require a filer to provide a credit card, debit card, or bank

account information before rendering services unless the services are within

the scope of a fee waiver granted by the court to the filer.

(Subd (f) adopted effective January 1, 2019.)

Rule 2.255 amended effective January 1, 2019; adopted as rule 2055 effective January 1, 2003;

previously amended and renumbered effective January 1, 2007; previously amended effective

January 1, 2011, and January 1, 2018.

Rule 2.257. Requirements for signatures on documents

(a)

Electronic signature

An electronic signature is an electronic sound, symbol, or process attached to or

logically associated with an electronic record and executed or adopted by a person

with the intent to sign a document or record created, generated, sent,

communicated, received, or stored by electronic means.

(Subd (a) adopted effective January 1, 2019.)

(a)(b)Documents signed under penalty of perjury

When a document to be filed electronically provides for a signature under penalty

of perjury of any person, the document is deemed to have been signed by that

person if filed electronically provided that either of the following conditions is

satisfied:

(1)

The declarant has signed the document using an electronic signature a

computer or other technology, in accordance with procedures, standards, and

guidelines established by the Judicial Council and declares under penalty of

perjury under the laws of the state of California that the information

submitted is true and correct; or

(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:

(A)

At any time after the electronic version of the document is filed, any

party may serve a demand for production of the original signed

document. The demand must be served on all other parties but need not

be filed with the court.

(B)

Within five days of service of the demand under (A), the party or other

person on whom the demand is made must make the original signed

document available for inspection and copying by all other parties.

(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.

(D)

Notwithstanding (A)–(C), local child support agencies may maintain

original, signed pleadings by way of an electronic copy in the statewide

automated child support system and must maintain them only for the

period of time stated in Government Code section 68152(a). If the local

child support agency maintains an electronic copy of the original,

signed pleading in the statewide automated child support system, it may

destroy the paper original.

(Subd (b) relettered and amended effective January 1, 2019; adopted as subd (a);

previously amended effective January 1, 2007, July 1, 2016, and January 1, 2018.)

(b)(c) * * *

(Subd (c) relettered effective January 1, 2019; adopted as subd (b); previously amended

effective January 1, 2007.)

(c)(d) * * *

(Subd (d) relettered effective January 1, 2019; adopted as subd (c); previously amended

effective January 1, 2007, and January 1, 2018.)

(d)(e) * * *

(Subd (e) relettered effective January 1, 2019; adopted as subd (d).)

(e)(f) * * *

(Subd (f) relettered effective January 1, 2019; adopted as subd (e) effective January 1,

2008.)

Rule 2.257 amended effective January 1, 2019; adopted as rule 2057 effective January 1, 2003;

previously amended and renumbered effective January 1, 2007; previously amended effective

January 1, 2008, July 1, 2016, and January 1, 2018.

Advisory Committee Comment

Subdivision (a)(1). The standards and guidelines for electronic signatures that satisfy the

requirements for an electronic signature under penalty of perjury are contained in the Trial Court

Records Manual.

Chapter 2. Public Access to Electronic Trial Court Records

Article 1. General Provisions

Rule 2.500. Statement of purpose

(a)

Intent

The rules in this chapter are intended to provide the public, parties, parties’

attorneys, legal organizations, court-appointed persons, and government entities

with reasonable access to trial court records that are maintained in electronic form,

while protecting privacy interests.

(Subd (a) amended effective January 1, 2019.)

(b)

Benefits of electronic access

Improved technologies provide courts with many alternatives to the historical

paper-based record receipt and retention process, including the creation and use of

court records maintained in electronic form. Providing public access to trial court

records that are maintained in electronic form may save the courts, and the public,

parties, parties’ attorneys, legal organizations, court-appointed persons, and

government entities time, money, and effort and encourage courts to be more

efficient in their operations. Improved access to trial court records may also foster

in the public a more comprehensive understanding of the trial court system.

(Subd (b) amended effective January 1, 2019.)

(c)

No creation of rights

The rules in this chapter are not intended to give the public, parties, parties’

attorneys, legal organizations, court-appointed persons, and government entities a

right of access to any record that they are not otherwise legally entitled to access.

The rules do not create any right of access to records that are sealed by court order

or confidential as a matter of law.

(Subd (c) amended effective January 1, 2019; previously amended effective January 1,

2007.)

Rule 2.500 amended effective January 1, 2019; adopted as rule 2070 effective July 1, 2002;

previously amended and renumbered effective January 1, 2007.

Advisory Committee Comment

The rules in this chapter acknowledge the benefits that electronic court records provide but

attempt to limit the potential for unjustified intrusions into the privacy of individuals involved in

litigation that can occur as a result of remote access to electronic court records. The proposed

rules take into account the limited resources currently available in the trial courts. It is

contemplated that the rules may be modified to provide greater electronic access as the courts’

technical capabilities improve and with the knowledge is gained from the experience of the courts

in providing electronic access under these rules.

Rule 2.501. Application, and scope, and information to the public

(a)

Application and scope

The rules in this chapter apply only to trial court records as defined in rule

2.502(3). They do not apply to statutorily mandated reporting between or within

government entities, or any other documents or materials that are not court records.

(Subd (a) amended effective January 1, 2019; adopted as subd (b) effective July 1, 2002;

amended and relettered effective January 1, 2007.)

(b)

Access by parties and attorneys Information to the public

The rules in this chapter apply only to access to court records by the public. They

do not limit access to court records by a party to an action or proceeding, by the

attorney of a party, or by other persons or entities that are entitled to access by

statute or rule.

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.

(Subd (b) amended effective January 1, 2019; adopted as subd (c) effective July 1, 2002;

amended and relettered effective January 1, 2007.)

Rule 2.501 amended effective January 1, 2019; adopted as rule 2017 effective July 1, 2002;

amended and renumbered effective January 1, 2007.

Advisory Committee Comment

The rules on remote access do not apply beyond court records to other types of documents,

information, or data. Rule 2.502 defines a court record as “any document, paper, or exhibit filed

in an action or proceeding; any order or judgment of the court; and any item listed in Government

Code section 68151(a)—excluding any reporter’s transcript for which the reporter is entitled to

receive a fee for any copy—that is maintained by the court in the ordinary course of the judicial

process. The term does not include the personal notes or preliminary memoranda of judges or

other judicial branch personnel, statutorily mandated reporting between government entities,

judicial administrative records, court case information, or compilations of data drawn from court

records where the compilations are not themselves contained in a court record.” (Cal. Rules of

Court, rule 2.502(3).) Thus, courts generate and maintain many types of information that are not

court records and to which access may be restricted by law. Such information is not remotely

accessible as court records, even to parties and their attorneys. If parties and their attorneys are

entitled to access to any such additional information, separate and independent grounds for that

access must exist.

Rule 2.502. Definitions

As used in this chapter, the following definitions apply:

(1)

“Authorized person” means a person authorized by a legal organization, qualified

legal services project, or government entity to access electronic records.

(2)

“Brief legal services” means legal assistance provided without, or before, becoming

a party’s attorney. It includes giving advice, having a consultation, performing

research, investigating case facts, drafting documents, and making limited third

party contacts on behalf of a client.

(1)(3) “Court record” is any document, paper, or exhibit filed by the parties to in an action

or proceeding; any order or judgment of the court; and any item listed in

Government Code section 68151(a),—excluding any reporter’s transcript for which

the reporter is entitled to receive a fee for any copy—that is maintained by the court

in the ordinary course of the judicial process. The term does not include the

personal notes or preliminary memoranda of judges or other judicial branch

personnel, statutorily mandated reporting between or within government entities,

judicial administrative records, court case information, or compilations of data

drawn from court records where the compilations are not themselves contained in a

court record.

(4)

“Court case information” refers to data that is stored in a court’s case management

system or case histories. This data supports the court’s management or tracking of

the action and is not part of the official court record for the case or cases.

(4)(5) “Electronic access” means computer access by electronic means to court records

available to the public through both public terminals at the courthouse and

remotely, unless otherwise specified in the rules in this chapter.

(2)(6) “Electronic record” is a computerized court record, regardless of the manner in

which it has been computerized that requires the use of an electronic device to

access. The term includes both a document record that has been filed electronically

and an electronic copy or version of a record that was filed in paper form. The term

does not include a court record that is maintained only on microfiche, paper, or any

other medium that can be read without the use of an electronic device.

(7)

“Government entity” means a legal entity organized to carry on some function of

the State of California or a political subdivision of the State of California.

Government entity also means a federally recognized Indian tribe or a reservation,

department, subdivision, or court of a federally recognized Indian tribe.

(8)

“Legal organization” means a licensed attorney or group of attorneys, nonprofit

legal aid organization, government legal office, in-house legal office of a

nongovernmental organization, or legal program organized to provide for indigent

criminal, civil, or juvenile law representation.

(9)

“Party” means a plaintiff, defendant, cross-complainant, cross-defendant,

petitioner, respondent, intervenor, objector, or anyone expressly defined by statute

as a party in a court case.

(10) “Person” means a natural human being.

(3)(11) “The public” means an individual a person, a group, or an entity, including print

or electronic media, or the representative of an individual, a group, or an entity

regardless of any legal or other interest in a particular court record.

(12) “Qualified legal services project” has the same meaning under the rules of this

chapter as in Business and Professions Code section 6213(a).

(13) “Remote access” means electronic access from a location other than a public

terminal at the courthouse.

(14) “User” means an individual person, a group, or an entity that accesses electronic

records.

Rule 2.502 amended and renumbered effective January 1, 2019; adopted as rule 2072 effective

July 1, 2002; previously amended and renumbered effective January 1, 2007.

Article 2. Public Access

Rule 2.503. Public access Application and scope

(a)

General right of access by the public

(1)

All electronic records must be made reasonably available to the public in

some form, whether in electronic or in paper form, except those that are

sealed by court order or made confidential by law.

(2)

(b)

The rules in this article apply only to access to electronic records by the

public.

Electronic access required to extent feasible

A court that maintains the following records in electronic form must provide

electronic access to them, both remotely and at the courthouse, to the extent it is

feasible to do so:

(c)

(1)

Registers of actions (as defined in Gov. Code, § 69845), calendars, and

indexes in all cases; and

(2)

All court records in civil cases, except those listed in (c)(1)–(9)(11).

Courthouse electronic access only

A court that maintains the following records in electronic form must provide

electronic access to them at the courthouse, to the extent it is feasible to do so, but

may not provide public remote electronic access to these records only to the records

governed by (b):

(1)

Records in a proceeding under the Family Code, including proceedings for

dissolution, legal separation, and nullity of marriage; child and spousal

support proceedings; child custody proceedings; and domestic violence

prevention proceedings;

(2)

Records in a juvenile court proceeding;

(3)

Records in a guardianship or conservatorship proceeding;

(4)

Records in a mental health proceeding;

(5)

Records in a criminal proceeding;

(6)

Records in proceedings to compromise the claims of a minor or a person with

a disability;

(7)(6) Records in a civil harassment proceeding under Code of Civil Procedure

section 527.6;

(8)(7) Records in a workplace violence prevention proceeding under Code of Civil

Procedure section 527.8;

(9)(8) Records in a private postsecondary school violence prevention proceeding

under Code of Civil Procedure section 527.85;

(10)(9)Records in an elder or dependent adult abuse prevention proceeding under

Welfare and Institutions Code section 15657.03; and

(10) Records in proceedings to compromise the claims of a minor or a person with

a disability.

(11) Records in a gun violence prevention proceeding under Penal Code sections

18100–18205.

(d)

* * *

(e)

Remote electronic access allowed in extraordinary criminal cases

Notwithstanding (c)(5), the presiding judge of the court, or a judge assigned by the

presiding judge, may exercise discretion, subject to (e)(1), to permit remote

electronic access by the public to all or a portion of the public court records in an

individual criminal case if (1) the number of requests for access to documents in

the case is extraordinarily high and (2) responding to those requests would

significantly burden the operations of the court. An individualized determination

must be made in each case in which such remote electronic access is provided.

(1)

(2)

In exercising discretion under (e), the judge should consider the relevant

factors, such as:

(A)

***

(B)

The benefits to and burdens on the parties in allowing remote electronic

access, including possible impacts on jury selection; and

(C)

***

The court should, to the extent feasible, redact the following information

from records to which it allows remote access under (e): driver license

numbers; dates of birth; social security numbers; Criminal Identification and

Information and National Crime Information numbers; addresses and phone

numbers of parties, victims, witnesses, and court personnel; medical or

psychiatric information; financial information; account numbers; and other

personal identifying information. 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 electronic access. No juror

names or other juror identifying information may be provided by remote

electronic access. This subdivision does not apply to any document in the

original court file; it applies only to documents that are available by remote

electronic access.

(3)

Five days’ notice must be provided to the parties and the public before the

court makes a determination to provide remote electronic access under this

rule. Notice to the public may be accomplished by posting notice on the

court’s Web site website. Any person may file comments with the court for

consideration, but no hearing is required.

(4)

The court’s order permitting remote electronic access must specify which

court records will be available by remote electronic access and what

categories of information are to be redacted. The court is not required to

make findings of fact. The court’s order must be posted on the court’s Web

site website and a copy sent to the Judicial Council.

(f)–(i)

***

Advisory Committee Comment

The rule allows a level of access by the public to all electronic records that is at least equivalent

to the access that is available for paper records and, for some types of records, is much greater. At

the same time, it seeks to protect legitimate privacy concerns.

Subdivision (c). This subdivision excludes certain records (those other than the register, calendar,

and indexes) in specified types of cases (notably criminal, juvenile, and family court matters)

from public remote electronic access. The committee recognized that while these case records are

public records and should remain available at the courthouse, either in paper or electronic form,

they often contain sensitive personal information. The court should not publish that information

over the Internet. However, the committee also recognized that the use of the Internet may be

appropriate in certain criminal cases of extraordinary public interest where information regarding

a case will be widely disseminated through the media. In such cases, posting of selected

nonconfidential court records, redacted where necessary to protect the privacy of the participants,

may provide more timely and accurate information regarding the court proceedings, and may

relieve substantial burdens on court staff in responding to individual requests for documents and

information. Thus, under subdivision (e), if the presiding judge makes individualized

determinations in a specific case, certain records in criminal cases may be made available over

the Internet.

Subdivisions (f) and (g). These subdivisions limit electronic access to records (other than the

records. These limitations are based on the qualitative difference between obtaining information

from a specific case file and obtaining bulk information that may be manipulated to compile

personal information culled from any document, paper, or exhibit filed in a lawsuit. This type of

aggregate information may be exploited for commercial or other purposes unrelated to the

operations of the courts, at the expense of privacy rights of individuals.

Courts must send a copy of the order permitting remote electronic access in extraordinary

criminal cases to: Criminal Justice Services, Judicial Council of California, 455 Golden Gate

Avenue, San Francisco, CA 94102-3688.

Rules 2.504–2.507 * * *

Article 3. Remote Access by a Party, Party’s Designee, Party’s Attorney,

Court-Appointed Person, or Authorized Person Working in a Legal

Organization or Qualified Legal Services Project

Rule 2.515. Application and scope

(a)

No limitation on access to electronic records available under article 2

The rules in this article do not limit remote access to electronic records available

under article 2. These rules govern access to electronic records where remote

access by the public is not allowed.

(b)

Who may access

The rules in this article apply to remote access to electronic records by:

(1)

A person who is a party;

(2)

A designee of a person who is a party;

(3)

A party’s attorney;

(4)

An authorized person working in the same legal organization as a party’s

attorney;

(5)

An authorized person working in a qualified legal services project providing

brief legal services; and

(6)

A court-appointed person.

Rule 2.515 adopted effective January 1, 2019.

Advisory Committee Comment

Article 2 allows remote access in most civil cases, and the rules in article 3 are not intended to

limit that access. Rather, the article 3 rules allow broader remote access—by parties, parties’

designees, parties’ attorneys, authorized persons working in legal organizations, authorized

persons working in a qualified legal services project providing brief services, and court-appointed

persons—to those electronic records where remote access by the public is not allowed.

Under the rules in article 3, a party, a party’s attorney, an authorized person working in the same

legal organization as a party’s attorney, or a person appointed by the court in the proceeding

basically has the same level of access to electronic records remotely that he or she would have if

he or she were to seek to inspect the records in person at the courthouse. Thus, if he or she is

legally entitled to inspect certain records at the courthouse, that person could view the same

records remotely; on the other hand, if he or she is restricted from inspecting certain court records

at the courthouse (e.g., because the records are confidential or sealed), that person would not be

permitted to view the records remotely. In some types of cases, such as unlimited civil cases, the

access available to parties and their attorneys is generally similar to the public’s but in other types

of cases, such as juvenile cases, it is much more extensive (see Cal. Rules of Court, rule 5.552).

For authorized persons working in a qualified legal services program, the rule contemplates

services offered in high-volume environments on an ad hoc basis. There are some limitations on

access under the rule for qualified legal services projects. When an attorney at a qualified legal

services project becomes a party’s attorney and offers services beyond the scope contemplated

under this rule, the access rules for a party’s attorney would apply.

Rule 2.516. Remote access to extent feasible

To the extent feasible, a court that maintains records in electronic form must provide

remote access to those records to the users described in rule 2.515, subject to the

conditions and limitations stated in this article and otherwise provided by law.

Rule 2.516 adopted effective January 1, 2019.

Advisory Committee Comment

This rule takes into account the limited resources currently available in some trial courts. Many

courts may not have the financial means, security resources, or technical capabilities necessary to

provide the full range of remote access to electronic records authorized by this article. When it is

more feasible and courts have had more experience with remote access, these rules may be

amended to further expand remote access.

This rule is not intended to prevent a court from moving forward with the limited remote access

options outlined in this rule as such access becomes feasible. For example, if it were only feasible

for a court to provide remote access to parties who are persons, it could proceed to provide

remote access to those users only.

Rule 2.517. Remote access by a party

(a)

Remote access generally permitted

A person may have remote access to electronic records in actions or proceedings in which

that person is a party.

(b)

Level of remote access

(1)

In any action or proceeding, a party may be provided remote access to the

same electronic records that he or she would be legally entitled to inspect at

the courthouse.

(2)

This rule does not limit remote access to electronic records available under

article 2.

(3)

This rule applies only to electronic records. A person is not entitled under

these rules to remote access to documents, information, data, or other

materials created or maintained by the courts that are not electronic records.

Rule 2.517 adopted effective January 1, 2019.

Advisory Committee Comment

Because this rule permits remote access only by a party who is a person (defined under rule 2.501

as a natural human being), remote access would not apply to parties that are organizations, which

would need to gain remote access under the party’s attorney rule or, for certain government

entities with respect to specified electronic records, the rules in article 4.

A party who is a person would need to have the legal capacity to agree to the terms and

conditions of a court’s remote access user agreement before using a system of remote access. The

court could deny access or require additional information if the court knew the person seeking

access lacked legal capacity or appeared to lack capacity—for example, if identity verification

revealed the person seeking access was a minor.

Rule 2.518. Remote access by a party’s designee

(a)

Remote access generally permitted

A person who is a party in an action or proceeding may designate other persons to

have remote access to electronic records in that action or proceeding.

(b)

(c)

Level of remote access

(1)

Except for criminal electronic records, juvenile justice electronic records, and

child welfare electronic records, a party’s designee may have the same access

to a party’s electronic records that a member of the public would be entitled

to if he or she were to inspect the party’s court records at the courthouse. A

party’s designee is not permitted remote access to criminal electronic records,

juvenile justice electronic records, and child welfare electronic records.

(2)

A party may limit the access to be afforded a designee to specific cases.

(3)

A party may limit the access to be afforded a designee to a specific period of

time.

(4)

A party may modify or revoke a designee’s level of access at any time.

Terms of access

(1)

A party’s designee may access electronic records only for the purpose of

assisting the party or the party’s attorney in the action or proceeding.

(2)

Any distribution for sale of electronic records obtained remotely under the

rules in this article is strictly prohibited.

(3)

All laws governing confidentiality and disclosure of court records apply to

the records obtained under this article.

(4)

Party designees must comply with any other terms of remote access required

by the court.

(5)

Failure to comply with these rules may result in the imposition of sanctions,

including termination of access.

Advisory Committee Comment

A party must be a natural human being with the legal capacity to agree to the terms and

conditions of a user agreement with the court to authorize designees for remote access. Under rule

2.501, for purposes of the rules, “person” refers to natural human beings Accordingly, the party’s

designee rule would not apply to parties that are organizations, which would need to gain remote

access under the party’s attorney rule or, for certain government entities with respect to specified

electronic records, under the rules in article 4.

Rule 2.518 adopted effective January 1, 2019.

Rule 2.519. Remote access by a party’s attorney

(a)

(b)

Remote access generally permitted

(1)

A party’s attorney may have remote access to electronic records in the party’s

actions or proceedings under this rule or under rule 2.518. If a party’s

attorney gains remote access under rule 2.518, the requirements of rule 2.519

do not apply.

(2)

If a court notifies an attorney of the court’s intention to appoint the attorney

to represent a party in a criminal, juvenile justice, child welfare, family law,

or probate proceeding, the court may grant remote access to that attorney

before an order of appointment is issued by the court.

Level of remote access

A party’s attorney may be provided remote access to the same electronic records in

the party’s actions or proceedings that the party’s attorney would be legally entitled

to view at the courthouse.

(c)

Terms of remote access applicable to an attorney who is not the attorney of

record

An attorney who represents a party, but who is not the party’s attorney of record in

the party’s actions or proceedings, may remotely access the party’s electronic

records, provided that the attorney:

(d)

(1)

Obtains the party’s consent to remotely access the party’s electronic records;

and

(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.

Terms of remote access applicable to all attorneys

(1)

A party’s attorney may remotely access the electronic records only for the

purpose of assisting the party with the party’s court matter.

(2)

A party’s attorney may not distribute for sale any electronic records obtained

remotely under the rules in this article. Such sale is strictly prohibited.

(3)

A party’s attorney must comply with any other terms of remote access

required by the court.

(4)

Failure to comply with these rules may result in the imposition of sanctions,

including termination of access.

Advisory Committee Comment

Subdivision (c). An attorney of record will be known to the court for purposes of remote access.

However, a person may engage an attorney other than the attorney of record for assistance in an

action or proceeding in which the person is a party. For example, a party may engage an attorney

to (1) prepare legal documents but not appear in the party’s action (e.g., provide limited-scope

representation); (2) assist the party with dismissal or sealing of a criminal record when the

attorney did not represent the party in the criminal proceeding; or (3) represent the party in an

appellate matter when the attorney did not represent the party in the trial court. Subdivision (c)

provides a mechanism for an attorney not of record to be known to the court for purposes of

remote access.

Because the level of remote access is limited to the same court records that an attorney would be

entitled to access if he or she were to appear at the courthouse, an attorney providing undisclosed

representation would only be able to remotely access electronic records that the public could

access at the courthouse. The rule essentially removes the step of the attorney having to go to the

courthouse.

Rule 2.519 adopted effective January 1, 2019.

Rule 2.520. Remote access by persons working in the same legal organization as a

party’s attorney

(a)

Application and scope

(1)

This rule applies when a party’s attorney is assisted by others working in the

same legal organization.

(2)

“Working in the same legal organization” under this rule includes partners,

associates, employees, volunteers, and contractors.

(3)

(b)

(c)

(d)

This rule does not apply when a person working in the same legal

organization as a party’s attorney gains remote access to records as a party’s

designee under rule 2.518.

Designation and certification

(1)

A party’s attorney may designate that other persons working in the same

legal organization as the party’s attorney have remote access.

(2)

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.

Level of remote access

(1)

Persons designated by a party’s attorney under (b) must be provided access to

the same electronic records as the party.

(2)

Notwithstanding (b), when a court designates a legal organization to

represent parties in criminal, juvenile, family, or probate proceedings, the

court may grant remote access to a person working in the organization who

assigns cases to attorneys working in that legal organization.

Terms of remote access

(1)

Persons working in a legal organization may remotely access electronic

records only for purposes of assigning or assisting a party’s attorney.

(2)

Any distribution for sale of electronic records obtained remotely under the

rules in this article is strictly prohibited.

(3)

All laws governing confidentiality and disclosure of court records apply to

the records obtained under this article.

(4)

Persons working in a legal organization must comply with any other terms of

remote access required by the court.

(5)

Failure to comply with these rules may result in the imposition of sanctions,

including termination of access.

Rule 2.520 adopted effective January 1, 2019.

Advisory Committee Comment

Subdivision (b). The designation and certification outlined in this subdivision need only be done

once and can be done at the time the attorney establishes his or her remote access account with

the court.

Rule 2.521. Remote access by a court-appointed person

(a)

(b)

Remote access generally permitted

(1)

A court may grant a court-appointed person remote access to electronic

records in any action or proceeding in which the person has been appointed

by the court.

(2)

Court-appointed persons include an attorney appointed to represent a minor

child under Family Code section 3150; a Court Appointed Special Advocate

volunteer in a juvenile proceeding; an attorney appointed under Probate Code

section 1470, 1471, or 1474; an investigator appointed under Probate Code

section 1454; a probate referee designated under Probate Code section 8920;

a fiduciary, as defined in Probate Code section 39; an attorney appointed

under Welfare and Institutions Code section 5365; or a guardian ad litem

appointed under Code of Civil Procedure section 372 or Probate Code section

1003.

Level of remote access

A court-appointed person may be provided with the same level of remote access to

electronic records as the court-appointed person would be legally entitled to if he or

she were to appear at the courthouse to inspect the court records.

(c)

Terms of remote access

(1)

A court-appointed person may remotely access electronic records only for

purposes of fulfilling the responsibilities for which he or she was appointed.

(2)

Any distribution for sale of electronic records obtained remotely under the

rules in this article is strictly prohibited.

(3)

All laws governing confidentiality and disclosure of court records apply to

the records obtained under this article.

(4)

A court-appointed person must comply with any other terms of remote access

required by the court.

(5)

Failure to comply with these rules may result in the imposition of sanctions,

including termination of access.

Rule 2.521 adopted effective January 1, 2019.

Rule 2.522. Remote access by persons working in a qualified legal services project

providing brief legal services

(a)

(b)

(c)

Application and scope

(1)

This rule applies to qualified legal services projects as defined in Business

and Professions Code section 6213(a).

(2)

“Working in a qualified legal services project” under this rule includes

attorneys, employees, and volunteers.

(3)

This rule does not apply to a person working in or otherwise associated with

a qualified legal services project who gains remote access to court records as

a party’s designee under rule 2.518.

Designation and certification

(1)

A qualified legal services project may designate persons working in the

qualified legal services project who provide brief legal services, as defined in

rule 2.501, to have remote access.

(2)

The qualified legal services project must certify that the authorized persons

work in their organization.

Level of remote access

Authorized persons may be provided remote access to the same electronic records

that the authorized person would be legally entitled to inspect at the courthouse.

(d)

Terms of remote access

(1)

Qualified legal services projects must obtain the party’s consent to remotely

access the party’s electronic records.

(2)

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.

(3)

Qualified legal services projects providing services under this rule may

remotely access electronic records only to provide brief legal services.

(4)

Any distribution for sale of electronic records obtained under the rules in this

article is strictly prohibited.

(5)

All laws governing confidentiality and disclosure of court records apply to

electronic records obtained under this article.

(6)

Qualified legal services projects must comply with any other terms of remote

access required by the court.

(7)

Failure to comply with these rules may result in the imposition of sanctions,

including termination of access.

Rule 2.522 adopted effective January 1, 2019.

Advisory Committee Comment

The rule does not prescribe any particular method for capturing the designation and certification

of persons working in a qualified legal services project. Courts and qualified legal services

projects have flexibility to determine what method would work for both entities. For example, the

information could be captured in a remote access system if an organizational-level account could

be established, or the information could be captured in a written agreement between the court and

the qualified legal services project.

The rule does not prescribe any particular method for a qualified legal services project to

document the consent it obtained to access a person’s electronic records. Qualified legal services

projects have flexibility to adapt the requirement to their regular processes for making records.

For example, the qualified legal services project could obtain a signed consent form for its

records or could obtain consent over the phone and make an entry to that effect in its records, or

the court and the qualified legal services project could enter into an agreement to describe how

consent will be obtained and recorded.

Rule 2.523. Identity verification, identity management, and user access

(a)

Identity verification required

Except for remote access provided to a party’s designee under rule 2.518, before

allowing a person who is eligible under the rules in article 3 to have remote access

to electronic records, a court must verify the identity of the person seeking access.

(b)

Responsibilities of the court

A court that allows persons eligible under the rules in article 3 to have remote

access to electronic records must have an identity verification method that verifies

the identity of, and provides a unique credential to, each person who is permitted

remote access to the electronic records. The court may authorize remote access by a

person only if that person’s identity has been verified, the person accesses records

using the credential provided to that individual, and the person complies with the

terms and conditions of access, as prescribed by the court.

(c)

Responsibilities of persons accessing records

A person eligible to be given remote access to electronic records under the rules in

article 3 may be given such access only if that person:

(d)

(e)

(1)

Provides the court with all information it directs in order to identify the

person to be a user;

(2)

Consents to all conditions for remote access required under article 3 and by

the court; and

(3)

Is authorized by the court to have remote access to electronic records.

Responsibilities of the legal organizations or qualified legal services projects

(1)

If a person is accessing electronic records on behalf of a legal organization or

qualified legal services project, the organization or project must approve

granting access to that person, verify the person’s identity, and provide the

court with all the information it directs in order to authorize that person to

have access to electronic records.

(2)

If a person accessing electronic records on behalf of a legal organization or

qualified legal services project leaves his or her position or for any other

reason is no longer entitled to access, the organization or project must

immediately notify the court so that it can terminate the person’s access.

Vendor contracts, statewide master agreements, and identity and access

management systems

A court may enter into a contract with a vendor to provide identity verification,

identity management, or user access services. Alternatively, courts may use a

statewide identity verification, identity management, or access management

system, if available, or a statewide master agreement for such systems, if available.

Rule 2.523 adopted effective January 1, 2019.

Advisory Committee Comment

Subdivisions (a) and (d). A court may verify user identities under (a) by obtaining a

representation from a legal organization or qualified legal services project that the legal

organization or qualified legal services project has verified the user identities under (d). No

additional verification steps are required on the part of the court.

Rule 2.524. Security of confidential information

(a)

Secure access and encryption required

If any information in an electronic record that is confidential by law or sealed by

court order may lawfully be provided remotely to a person or organization

described in rule 2.515, any remote access to the confidential information must be

provided through a secure platform and any electronic transmission of the

information must be encrypted.

(b)

Vendor contracts and statewide master agreements

A court may enter into a contract with a vendor to provide secure access and

encryption services. Alternatively, if a statewide master agreement is available for

secure access and encryption services, courts may use that master agreement.

Rule 2.524 adopted effective January 1, 2019.

Advisory Committee Comment

This rule describes security and encryption requirements; levels of access are provided for in

rules 2.517–2.522.

Rule 2.525. Searches; unauthorized access

(a)

Searches by case number or caption

A user authorized under this article to remotely access a party’s electronic records

may search for the records by case number or case caption.

(b)

Access level

A court providing remote access to electronic records under this article must ensure

that authorized users are able to access the electronic records only at the access

levels provided in this article.

(c)

Unauthorized access

If a user gains access to an electronic record that he or she is not authorized to

access under this article, the user must:

(1)

Report the unauthorized access to the court as directed by the court for that

purpose;

(2)

Destroy all copies, in any form, of the record; and

(3)

Delete from his or her web browser history all information that identifies the

record.

Rule 2.525 adopted effective January 1, 2019.

Rule 2.526. Audit trails

(a)

Ability to generate audit trails

The court should have the ability to generate an audit trail that contains one or more

of the following elements: what electronic record was remotely accessed, when it

was remotely accessed, who remotely accessed it, and under whose authority the

user gained access.

(b)

Limited audit trails available to authorized users

(1)

A court providing remote access to electronic records under this article

should make limited audit trails available to authorized users under this

article.

(2)

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.

Rule 2.526 adopted effective January 1, 2019.

Advisory Committee Comment

The audit trail is a tool to assist the courts and users in identifying and investigating any potential

issues or misuse of remote access. The user’s view of the audit trail is limited to protect sensitive

information.

To facilitate the use of existing remote access systems, rule 2.526 is currently not mandatory, but

may be amended to be mandatory in the future.

Rule 2.527. Additional conditions of access

To the extent consistent with these rules and other applicable law, a court must impose

reasonable conditions on remote access to preserve the integrity of its records, prevent the

unauthorized use of information, and limit possible legal liability. 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 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.

Rule 2.527 adopted effective January 1, 2019.

Rule 2.528. Termination of remote access

(a)

Remote access is a privilege

Remote access to electronic records under this article is a privilege and not a right.

(b)

Termination by court

A court that provides remote access may, at any time and for any reason, terminate

the permission granted to any person eligible under the rules in article 3 to remotely

access electronic records.

Rule 2.528 adopted effective January 1, 2019.

Article 4. Remote Access by Government Entities

Rule 2.540. Application and scope

(a)

Applicability to government entities

The rules in this article provide for remote access to electronic records by

government entities described in (b). The access allowed under these rules is in

addition to any access these entities or authorized persons working for such entities

may have under the rules in articles 2 and 3.

(b)

Level of remote access

(1)

A court may provide authorized persons from government entities with

remote access to electronic records as follows:

(A)

Office of the Attorney General: criminal electronic records and juvenile

justice electronic records.

(B)

California Department of Child Support Services: family electronic

records, child welfare electronic records, and parentage electronic

records.

(C)

Office of a district attorney: criminal electronic records and juvenile

justice electronic records.

(D)

Office of a public defender: criminal electronic records and juvenile

justice electronic records.

(E)

Office of a county counsel: criminal electronic records, mental health

electronic records, child welfare electronic records, and probate

electronic records.

(F)

Office of a city attorney: criminal electronic records, juvenile justice

electronic records, and child welfare electronic records.

(G)

County department of probation: criminal electronic records, juvenile

justice electronic records, and child welfare electronic records.

(H)

County sheriff’s department: criminal electronic records and juvenile

justice electronic records.

(I)

Local police department: criminal electronic records and juvenile

justice electronic records.

(J)

Local child support agency: family electronic records, child welfare

electronic records, and parentage electronic records.

(K)

County child welfare agency: child welfare electronic records.

(L)

County public guardian: criminal electronic records, mental health

electronic records, and probate electronic records.

(M) County agency designated by the board of supervisors to provide

conservatorship investigation under chapter 3 of the Lanterman-PetrisShort Act (Welf. & Inst. Code, §§ 5350–5372): criminal electronic

records, mental health electronic records, and probate electronic

records.

(c)

(N)

Federally recognized Indian tribe (including any reservation,

department, subdivision, or court of the tribe) with concurrent

jurisdiction: child welfare electronic records, family electronic records,

juvenile justice electronic records, and probate electronic records.

(O)

For good cause, a court may grant remote access to electronic records

in particular case types to government entities beyond those listed in

(b)(1)(A)–(N). For purposes of this rule, “good cause” means that the

government entity requires access to the electronic records in order to

adequately perform its statutory duties or fulfill its responsibilities in

litigation.

(P)

All other remote access for government entities is governed by articles

2 and 3.

(2)

Subject to (b)(1), the court may provide a government entity with the same

level of remote access to electronic records as the government entity would

be legally entitled to if a person working for the government entity were to

appear at the courthouse to inspect court records in that case type. If a court

record is confidential by law or sealed by court order and a person working

for the government entity would not be legally entitled to inspect the court

record at the courthouse, the court may not provide the government entity

with remote access to the confidential or sealed electronic record.

(3)

This rule applies only to electronic records. A government entity is not

entitled under these rules to remote access to any documents, information,

data, or other types of materials created or maintained by the courts that are

not electronic records.

Terms of remote access

(1)

Government entities may remotely access electronic records only to perform

official duties and for legitimate governmental purposes.

(2)

Any distribution for sale of electronic records obtained remotely under the

rules in this article is strictly prohibited.

(3)

All laws governing confidentiality and disclosure of court records apply to

electronic records obtained under this article.

(4)

Government entities must comply with any other terms of remote access

required by the court.

(5)

Failure to comply with these requirements may result in the imposition of

sanctions, including termination of access.

Rule 2.540 adopted effective January 1, 2019.

Advisory Committee Comment

The rule does not restrict courts to providing remote access only to local government entities in

the same county in which the court is situated. For example, a court in one county could allow

remote access to electronic records by a local child support agency in a different county.

Subdivision (b)(3). As to the applicability of the rules on remote access only to electronic

records, see the advisory committee comment to rule 2.501.

Rule 2.541. Identity verification, identity management, and user access

(a)

Identity verification required

Before allowing a person or entity eligible under the rules in article 4 to have

remote access to electronic records, a court must verify the identity of the person

seeking access.

(b)

Responsibilities of the courts

A court that allows persons eligible under the rules in article 4 to have remote

access to electronic records must have an identity verification method that verifies

the identity of, and provides a unique credential to, each person who is permitted

remote access to the electronic records. The court may authorize remote access by a

person only if that person’s identity has been verified, the person accesses records

using the name and password provided to that individual, and the person complies

with the terms and conditions of access, as prescribed by the court.

(c)

Responsibilities of persons accessing records

A person eligible to remotely access electronic records under the rules in article 4

may be given such access only if that person:

(d)

(e)

(1)

Provides the court with all of the information it needs to identify the person

to be a user;

(2)

Consents to all conditions for remote access required by article 4 and the

court; and

(3)

Is authorized by the court to have remote access to electronic records.

Responsibilities of government entities

(1)

If a person is accessing electronic records on behalf of a government entity,

the government entity must approve granting access to that person, verify the

person’s identity, and provide the court with all the information it needs to

authorize that person to have access to electronic records.

(2)

If a person accessing electronic records on behalf of a government entity

leaves his or her position or for any other reason is no longer entitled to

access, the government entity must immediately notify the court so that the

court can terminate the person’s access.

Vendor contracts, statewide master agreements, and identity and access

management systems

A court may enter into a contract with a vendor to provide identity verification,

identity management, or user access services. Alternatively, courts may use a

statewide identity verification, identity management, or access management

system, if available, or a statewide master agreement for such systems, if available.

Rule 2.541 adopted effective January 1, 2019.

Rule 2.542. Security of confidential information

(a)

Secure access and encryption required

If any information in an electronic record that is confidential by law or sealed by

court order may lawfully be provided remotely to a government entity, any remote

access to the confidential information must be provided through a secure platform,

and any electronic transmission of the information must be encrypted.

(b)

Vendor contracts and statewide master agreements

A court may enter into a contract with a vendor to provide secure access and

encryption services. Alternatively, if a statewide master agreement is available for

secure access and encryption services, courts may use that master agreement.

Rule 2.542 adopted effective January 1, 2019.

Rule 2.543. Audit trails

(a)

Ability to generate audit trails

The court should have the ability to generate an audit trail that contains one or more

of the following elements: what electronic record was remotely accessed, when it

was accessed, who accessed it, and under whose authority the user gained access.

(b)

Audit trails available to government entity

(1)

A court providing remote access to electronic records under this article

should make limited audit trails available to authorized users of the

government entity.

(2)

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.

Rule 2.543 adopted effective January 1, 2019.

Advisory Committee Comment

The audit trail is a tool to assist the courts and users in identifying and investigating any potential

issues or misuse of remote access. The user’s view of the audit trail is limited to protect sensitive

information.

To facilitate the use of existing remote access systems, rule 2.526 is currently not mandatory, but

may be amended to be mandatory in the future.

Rule 2.544. Additional conditions of access

To the extent consistent with these rules and other applicable law, a court must impose

reasonable conditions on remote access to preserve the integrity of its records, prevent the

unauthorized use of information, and limit possible legal liability. 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. 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.

Rule 2.544 adopted effective January 1, 2019.

Rule 2.545. Termination of remote access

(a)

Remote access is a privilege

Remote access to electronic records under this article is a privilege and not a right.

(b)

Termination by court

A court that provides remote access may, at any time and for any reason, terminate

the permission granted to any person or entity eligible under the rules in article 4 to

remotely access electronic records

Rule 2.545 adopted effective January 1, 2019.

Rule 2.1009. Permanent medical excuse from jury service

(a)

Definitions

As used in this rule:

(1)

“Applicant” means a “person with a disability” or their authorized

representative.

(2)

“Authorized representative” means a conservator, agent under a power of

attorney (attorney-in-fact), or any other individual designated by the person

with a disability.

(3)

“Capable of performing jury service” means a person can pay attention to

evidence, testimony, and other court proceedings for up to six hours per day,

with a lunch break and short breaks in the morning and afternoon, with or

without disability-related accommodations, including auxiliary aids and

services.

(4)

“Health care provider” means a doctor of medicine or osteopathy, podiatrist,

dentist, chiropractor, clinical psychologist, optometrist, nurse practitioner,

nurse-midwife, clinical social worker, therapist, physician’s assistant,

Christian Science Practitioner, or any other medical provider, facility, or

organization that is authorized and performing within the scope of the

practice of their profession in accordance with state or federal law and

regulations.

(b)

(c)

(5)

“Permanent medical excuse” means a release from jury service granted by the

jury commissioner to a person with a disability whose condition is unlikely to

resolve and who, with or without disability-related accommodations,

including auxiliary aids or services, is not capable of performing jury service.

(6)

“Person with a disability” means an individual covered by Civil Code section

51 et seq., the Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et

seq.), or other applicable state and federal laws. This definition includes a

person who has a physical or mental medical condition that limits one or

more of the major life activities, has a record of such a condition, or is

regarded as having such a condition.

Policy

(1)

This rule is intended to allow a person with a disability whose condition is

unlikely to resolve and who is unable for the foreseeable future to serve as a

juror to seek a permanent medical excuse from jury service. This rule does

not impose limitations on or invalidate the remedies, rights, and procedures

accorded to persons with disabilities under state or federal law.

(2)

It is the policy of the courts of this state to ensure that persons with

disabilities have equal and full access to the judicial system, including the

opportunity to serve as jurors. No eligible jurors who can perform jury

service, with or without disability-related accommodations, including

auxiliary aids or services, may be excused from jury service due solely to

their disability.

Process for requesting permanent medical excuse

The process for requesting a permanent medical excuse from jury service is as

follows:

(1)

An applicant must submit to the jury commissioner a written request for

permanent medical excuse with a supporting letter, memo, or note from a

treating health care provider. The supporting letter, memo, or note must be on

the treating health care provider’s letterhead, state that the person has a

permanent disability that makes the person incapable of performing jury

service, and be signed by the provider.

(d)

(2)

The applicant must submit the request and supporting letter, memo, or note to

the jury commissioner on or before the date the person is required to appear

for jury service.

(3)

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.

(4)

The jury commissioner must keep confidential all information concerning the

request for permanent medical excuse, including any accompanying request

for disability-related accommodation, including auxiliary aids or services,

unless the applicant waives confidentiality in writing or the law requires

disclosure. The applicant’s identity and confidential information may not be

disclosed to the public but may be disclosed to court officials and personnel

involved in the permanent medical excuse process. Confidential information

includes all medical information pertaining to the applicant, and all oral or

written communication from the applicant concerning the request for

permanent medical excuse.

Response to request

The jury commissioner must respond to a request for a permanent medical excuse

from jury service as follows:

(e)

(1)

The jury commissioner must promptly inform the applicant in writing of the

determination to grant or deny a permanent medical excuse request.

(2)

If the request is granted, the jury commissioner must remove the person from

the rolls of potential jurors as soon as it is practicable to do so.

(3)

If the request is denied, the jury commissioner must provide the applicant a

written response with the reason for the denial.

Denial of request

Only when the jury commissioner determines the applicant failed to satisfy the

requirements of this rule may the jury commissioner deny the permanent medical

excuse request.

(f)

Right to reapply

A person whose request for permanent medical excuse is denied may reapply at any

time after receipt of the jury commissioner’s denial by following the process in (c).

(g)

Reinstatement

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.

Rule 2.1009 adopted effective January 1, 2019.

Article 4. Protective Orders

Rule 3.1160 3.1152. Requests for protective orders to prevent civil harassment,

workplace violence, private postsecondary school violence, and elder or

dependent adult abuse

(a)–(e) * * *

Rule 3.1160 renumbered effective January 1, 2019; adopted as rule 363 effective January 1,

1984; previously amended effective January 1, 1993, July 1, 1995, January 1, 2000, January 1,

2002, and January 1, 2012; previously amended and renumbered as rule 3.1152 effective

January 1, 2007.

Rule 3.1161. Request to make minor’s information confidential in civil harassment

protective order proceedings

(a)

Application of rule

This rule applies to requests and orders made under Code of Civil Procedure

section 527.6(v) to keep a minor’s information confidential in a civil harassment

protective order proceeding.

Wherever used in this rule, “legal guardian” means either parent if both parents

have legal custody, or the parent or person having legal custody, or the guardian, of

a minor.

(b)

Information that may be made confidential

The information that may be made confidential includes:

(c)

(1)

The minor’s name;

(2)

The minor’s address;

(3)

The circumstances surrounding the protective order with respect to the minor.

These include the allegations in the Request for Civil Harassment Retraining

Orders (form CH-100) that involve conduct directed, in whole or in part,

toward the minor; and

(4)

Any other information that the minor or legal guardian believes should be

confidential.

Requests for confidentiality

(1)

Person making request

A request for confidentiality may be made by a minor or legal guardian.

(2)

Number of minors

A request for confidentiality by a legal guardian may be made for more than

one minor. “Minor,” as used in this rule, refers to all minors for whom a

request for confidentiality is made.

(d)

Procedures for making request

(1)

Timing of requests

A request for confidentiality may be made at any time during the case.

(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.

(3)

Ruling on request

(A)

Ruling on request without notice

The court must determine whether to grant a request for confidentiality

without requiring that any notice of the request be given to the other

party, or both parties if the minor is not a party in the proceeding. No

adversarial hearing is to be held.

(B)

Request for confidentiality submitted at the same time as a request for

restraining orders

If a request for confidentiality is submitted at the same time as a request

for restraining orders, the court must consider both requests consistent

with Code of Civil Procedure section 527.6(e) and must consider and

rule on the request for confidentiality before the request for restraining

order is filed.

Documents submitted with the restraining order request must not be

filed until after the court has ruled on the request for confidentiality and

must be consistent with (C) below.

(C)

Withdrawal of request for restraining order

If a request for confidentiality under (B) made by the person asking for

the restraining order is denied and the requester seeks to withdraw the

request for restraining orders, all of the following apply:

(4)

(i)

The court must not file the request for restraining order and the

accompanying proposed order forms and must return the

documents to the requester personally, destroy the documents,

or delete the documents from any electronic files;

(ii)

The order denying confidentiality must be filed and maintained

in a public file; and

(iii)

The request for confidentiality must be filed and maintained in a

confidential file.

Need for additional facts

If the court finds that the request for confidentiality is insufficiently specific

to meet the requirements under Code of Civil Procedure section 527.6(v)(2)

for granting the request, the court may take testimony from the minor, or

legal guardian, the person requesting a protective order, or other competent

witness, in a closed hearing in order to determine if there are additional facts

that would support granting the request.

(e)

Orders on request for confidentiality

(1)

Rulings

The court may grant the entire request, deny the entire request, or partially

grant the request for confidentiality.

(2)

Order granting request for confidentiality

(A)

Applicability

An order made under Code of Civil Procedure section 527.6(v) applies

in this case and in any other civil case to all registers of actions, indexes,

court calendars, pleadings, discovery documents, and other documents

filed or served in the action, and at hearings, trial, and other court

proceedings that are open to the public.

(B)

Minor’s name

If the court grants a request for confidentiality of the minor’s name and:

(C)

(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. 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.

(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.

Circumstances surrounding protective order (statements related to

minor)

If the court grants a request for confidentiality, the order must

specifically identify the information about the minor in Request for Civil

Harassment Restraining Orders (form CH-100) and any other

applicable document that must be kept confidential. Information about

the minor ordered confidential by the court must not be made available

to the public.

(D)

Service

The other party, or both parties if the person making the request for

confidentiality is not a party to the action, must be served with a copy of

the Request to Keep Minor’s Information Confidential (form CH-160),

Order on Request to Keep Minor’s Information Confidential (form CH165) and Notice of Order Protecting Information of Minor (form CH170), redacted if required under (f)(4).

(3)

(f)

Order denying request for confidentiality

(A)

The order denying confidentiality must be filed and maintained in a

public file. The request for confidentiality must be filed and maintained

in a confidential file.

(B)

Notwithstanding denial of a request to keep the minor’s address

confidential, the address may be confidential under other statutory

provisions.

(C)

Service

(i)

If a request for confidentiality is denied and the request for

restraining order has been withdrawn, and if no other action is

pending before the court in the case, then the Request to Keep

Minor’s Information Confidential (form CH-160) and Order on

Request to Keep Minor’s Information Confidential (form CH165) must not be served on the other party, or both parties if the

person making the request for confidentiality is not a party to

the action.

(ii)

If a request for confidentiality is denied and the request for

restraining order has not been withdrawn, or if an action

between the same parties is pending before the court, then the

Request to Keep Minor’s Information Confidential (form CH160) and Order on Request to Keep Minor’s Information

Confidential (form CH-165) must be served on the other party,

or both parties if the person making the request for

confidentiality is not a party to the action.

Procedures to protect confidential information when request is granted

(1)

If a request for confidentiality is granted in whole or in part, the court, in its

discretion, and taking into consideration the factors stated in (g), must ensure

that the order granting confidentiality is maintained in the most effective

manner by:

(g)

(A)

The judicial officer redacting all information to be kept confidential

from all applicable documents;

(B)

Ordering the requesting party or the requesting party’s attorney to

prepare a redacted copy of all applicable documents and submit all

redacted copies to the court for review and filing; or

(C)

Ordering any other procedure that facilitates the prompt and accurate

preparation of a redacted copy of all applicable documents in

compliance with the court’s order granting confidentiality, provided the

selected procedure is consistent with (g).

(2)

The redacted copy or copies must be filed and maintained in a public file, and

the unredacted copy or copies must be filed and maintained in a confidential

file.

(3)

Information that is made confidential from the public and the restrained

person must be filed in a confidential file accessible only to the minor or

minors who are subjects of the order of confidentiality, or the legal guardian

who requested confidentiality, law enforcement for enforcement purposes

only, and the court.

(4)

Any information that is made confidential from the restrained person must be

redacted from the copy that will be served on the restrained person.

Factors in Selecting Redaction Procedures

In determining the procedure to follow under (f), the court must consider the

following factors:

(1)

Whether the requesting party is represented by an attorney;

(2)

Whether the requesting party has immediate access to a self-help center or

other legal assistance;

(3)

Whether the requesting party is capable of preparing redacted materials

without assistance;

(4)

Whether the redactions to the applicable documents are simple or complex;

and

(5)

(h)

When applicable, whether the selected procedure will ensure that the orders

on the request for restraining order and the request for confidentiality are

issued and redacted in an expeditious and timely manner.

Sharing of information about a protected minor

(1)

Sharing of information with the respondent

Information about a protected minor must be shared with the respondent only

as provided in Code of Civil Procedure section 527.6(v)(4)(B), limited to

information necessary to allow the respondent to respond to the request for

the protective order, and to comply with the confidentiality order and the

protective order.

(2)

Sharing of information with law enforcement

Information about a protected minor must be shared with law enforcement

only as provided in Code of Civil Procedure section 527.6(v)(4)(A).

(i)

Protecting information in subsequent filings and other civil cases

(1)

(2)

Filings made after an order granting confidentiality

(A)

A party seeking to file a document or form after an order for

confidentiality has been made must submit the Cover Sheet for

Confidential Information (form CH-175) attached to the front of the

document to be filed.

(B)

Upon receipt of form CH-175 with attached documents, the court must:

(i)

Order a procedure for redaction consistent with the procedures

stated in (f);

(ii)

File the unredacted document in the confidential file pending

receipt of the redacted document if the redacted document is not

prepared on the same court day; and

(iii)

File the redacted document in the public file after it has been

reviewed and approved by the court for accuracy.

Other civil case

(A)

Information subject to an order of confidentiality issued under Code of

Civil Procedure section 527.6(v) must be kept confidential in any other

civil case.

(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 involving the same parties.

Rule 3.1161 adopted effective January 1, 2019.

Advisory Committee Comment

Subdivisions (a)–(e). The process described in this rule need not be used for minors if the request

for confidentiality is merely to keep an address confidential and a petitioning minor has a mailing

address which need not be kept private that can be listed on the forms. The restraining order

forms do not require the address of a nonpetitioning minor.

This rule and rule 2.551 provide a standard and procedures for courts to follow when a request is

made to seal a record. The standard as reflected in Code of Civil Procedure section 527.6(v)(2) is

based on NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178. The

standard recognizes the First Amendment right of access to documents used at trial or as a basis

of adjudication.

Rule 3.2300. Review under Penal Code section 186.35 of law enforcement agency

denial of request to remove name from shared gang database

(a)–(c) * * *

(d)

Petition

(1)

Form

(A)

Except as provided in (i) and (ii), Request Petition for Review of Denial

of Request to Remove Name From Gang Database (form MC-1000)

must be used to seek review under Penal Code section 186.35 of a law

enforcement agency’s decision denying a request to remove a person’s

name from a shared gang database.

(B)

(i)

A petition filed by an attorney need not be on form MC-1000.

For good cause the court may also accept a petition from a

nonattorney that is not on form MC-1000.

(ii)

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.”

The person seeking review must attach to the petition under (A) either:

(i)

The law enforcement agency’s written verification, if one was

received, of its decision denying the person’s request under Penal

Code section 186.34 to remove his or her name—or, if the

request was filed by a parent or guardian on behalf of a child

under 18, the name of the child—from the shared gang database.;

(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.

(2)–(5) * * *

(Subd (d) amended effective January 1, 2019; previously amended effective January 1,

2018.)

(e)

Record

(1)

Filing

(A)

The law enforcement agency must serve the record on the person filing

the petition and must file the record in the superior court in which the

petition was filed.

(B)

The record must be served and filed within 15 days after the date the

petition is served on the law enforcement agency as required by

subdivision (d)(5) of this rule.

(2)

(C)

If the record contains any documents that are part of a juvenile case file

or are sealed or 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.”

(D)

The procedures set out in rules 2.550 and 2.551 apply to any record

sought to be filed under seal in a proceeding under this rule.

Contents

The record is limited to the documents required by Penal Code section

186.35(c).

(3)

Format

(A)

The cover or first page of the record must:

(i)

Clearly identify it as the record in the case;

(ii)

Clearly indicate if the record includes any documents that are

sealed or confidential under Welfare and Institutions Code

section 827 or have been sealed;

(iii) State the title and court number of the case; and

(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. 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.

(B)

All documents in the record must have a page size of 8.5 by 11 inches;

(C)

The text must be reproduced as legibly as printed matter;

(D)

The contents must be arranged chronologically;

(E)

The pages must be consecutively numbered; and

(F)

(4)

The record must be bound on the left margin stapled and two-hole

punched at the top of the page.

Failure to file the record

If the law enforcement agency does not timely file the required record, the

superior court clerk must serve the law enforcement agency with a notice

indicating that the agency must file the record within five court days of

service of the clerk’s notice or the court may order the law enforcement

agency to remove the name of the person from the shared gang database.

(Subd (e) amended effective January 1, 2019; previously amended effective January 1,

2018.)

(f)

Written argument

(1)

(2)

Contents

(A)

The person filing the petition may include in the petition or separately

serve and file a written argument about why, based on the record

specified in Penal Code section 186.35(c), the law enforcement agency

has failed to establish by clear and convincing evidence the active gang

membership, associate status, or affiliate status of the person so

designated or to be so designated by the law enforcement agency in the

shared gang database.

(B)

The law enforcement agency may serve and file a written argument

about why, based on the record specified in Penal Code section

186.35(c), it has established by clear and convincing evidence the

active gang membership, associate status, or affiliate status of the

person.

(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.

(D)

Except for any required attachment to a petition, when an argument is

included in the petition, nothing may be attached to an argument and an

argument must not refer to any evidence that is not in the record.

Time to serve and file

Any written argument must be served and filed within 15 days after the date

the record is served.

(3)

Format and length of argument

(A)

The cover or first page of any argument must:

(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

(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.

(B)

An argument must not exceed 10 pages.

(C)

The pages must be consecutively numbered.

(Subd (f) amended effective January 1, 2019; previously amended effective January 1,

2018.)

(g)–(i) * * *

Rule 3.2300 amended effective January 1, 2019; adopted effective January 20, 2017; previously

amended effective January 1, 2018.

Rule 4.131. Probable cause determinations under section 1368.1(a)(2)

(a)

Notice of a request for a determination of probable cause

The prosecuting attorney must serve and file notice of a request for a determination

of probable cause on the defense at least 10 court days before the time appointed

for the proceeding.

(b)

Judge requirement

A judge must hear the determination of probable cause unless there is a stipulation

by both parties to having the matter heard by a subordinate judicial officer.

(c)

Defendant need not be present

A defendant need not be present for a determination of probable cause to proceed.

(d)

Application of section 861

The one-session requirement of section 861 does not apply.

(e)

Transcript

A transcript of the determination of probable cause must be provided to the

prosecuting attorney and counsel for the defendant consistent with the manner in

which a transcript is provided in a preliminary examination.

Rule 4.131 adopted effective January 1, 2019.

Rule 5.97. Time frames for transferring jurisdiction

(a)

Application

This rule applies to family law actions or family law proceedings for which a

transfer of jurisdiction has been ordered under part 2 of title 4 of the Code of Civil

Procedure.

(b)

Payment of fees; fee waivers

Responsibility for the payment of court costs and fees for the transfer of

jurisdiction as provided in Government Code section 70618 is subject to the

following provisions:

(1)

If a transfer of jurisdiction is ordered in response to a motion made under title

4 of the Code of Civil Procedure by a party, the responsibility for costs and

fees is subject to Code of Civil Procedure section 399(a). If the fees are not

paid within the time specified in section 399(a), the court may, on a duly

noticed motion by any party or on its own motion, dismiss the action without

prejudice to the cause of action. Except as provided in (e), no other action on

the cause may be commenced in another court before satisfaction of the

court’s order for fees and costs or a court-ordered waiver of such fees and

costs.

(2)

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. If that party has not paid the fees within five days

of service of notice of the transfer order, any other party interested in the

action or proceeding may pay the costs and fees and the clerk must transmit

the case file. If the fees are not paid within the time period set forth in Code

of Civil Procedure section 399, the court may, on a duly noticed motion by

any party or on its own motion, dismiss the action without prejudice to the

cause or enter such other orders as the court deems appropriate. Except as

provided in (e), no other action on the cause may be commenced in the

original court or another court before satisfaction of the court’s order for fees

and costs or a court-ordered waiver of such fees and costs.

(3)

If the party responsible for the fees has been granted a fee waiver by the

sending court, the case file must be transmitted as if the fees and costs were

paid and the fee waiver order must be transmitted with the case file in lieu of

the fees and costs. If a partial fee waiver has been granted, the party

responsible for the fees and costs must pay the required portion of the fees

and costs before the case will be transmitted. In any case involving a fee

waiver, the court receiving the case file has the authority under Government

Code section 68636 to review the party’s eligibility for a fee waiver based on

additional information available to the court or pursuant to a hearing at final

disposition of the case.

(4)

At the hearing to transfer jurisdiction, the court must address any issues

regarding fees. If a litigant indicates they cannot afford to pay the fees, a fee

waiver request form should be provided by the clerk and the court should

promptly rule on that request.

(c)

Time frame for transfer of jurisdiction

After a court orders the transfer of jurisdiction over the action or proceeding, the

clerk must transmit the case file to the clerk of the court to which the action or

proceeding is transferred within five court days of the date of expiration of the 20day time period to petition for a writ of mandate. If a writ is filed, the clerk must

transmit the case file within five court days of the notice that the order is final. 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.

(d)

Time frame to assume jurisdiction over transferred matter

Within 20 court days of the date of the transmittal, the clerk of the court receiving

the transferred action or proceeding must send notice to all parties who have

appeared in the action or proceeding and the court that ordered the transfer stating

the date of the filing of the case and the number assigned to the case in the court.

(e)

Emergency orders while transfer is pending

Until the clerk of the receiving court sends notice of the date of filing, the

transferring court retains jurisdiction over the matter to make orders designed to

prevent immediate danger or irreparable harm to a party or the children involved in

the matter, or immediate loss or damage to property subject to disposition in the

matter. 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. 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 transferring court retains jurisdiction over the request

until it takes action on it.

Rule 5.97 adopted effective January 1, 2019.

Rule 5.382. Request to make minor’s information confidential in domestic violence

protective order proceedings

(a)

Application of rule

This rule applies to requests and orders made under Family Code section 6301.5 to

keep a minor’s information confidential in a domestic violence protective order

proceeding.

Wherever used in this rule, “legal guardian” means either parent if both parents

have legal custody, or the parent or person having legal custody, or the guardian, of

a minor.

(b)

Information that may be made confidential

The information that may be made confidential includes:

(c)

(1)

The minor’s name;

(2)

The minor’s address;

(3)

The circumstances surrounding the protective order with respect to the minor.

These include the allegations in the Request for Domestic Violence

Retraining Order (form DV-100) that involve conduct directed, in whole or

in part, toward the minor; and

(4)

Any other information that the minor or legal guardian believes should be

confidential.

Requests for confidentiality

(1)

Person making request

A request for confidentiality may be made by a minor or legal guardian.

(2)

Number of minors

A request for confidentiality by a legal guardian may be made for more than

one minor. “Minor,” as used in this rule, refers to all minors for whom a

request for confidentiality is made.

(d)

Procedures for making request

(1)

Timing of requests

A request for confidentiality may be made at any time during the case.

(2)

Submission of request

The person submitting a request must complete and file Request to Keep

Minor’s Information Confidential (form DV-160), a confidential form.

(3)

Ruling on request

(A)

Ruling on request without notice

The court must determine whether to grant a request for confidentiality

without requiring that any notice of the request be given to the other

party, or both parties if the minor is not a party in the proceeding. No

adversarial hearing is to be held.

(B)

Request for confidentiality submitted at the same time as a request for

restraining orders

If a request for confidentiality is submitted at the same time as a request

for restraining orders, the court must consider both requests consistent

with Family Code section 6326, and must consider and rule on the

request for confidentiality before the request for restraining order is

filed.

Documents submitted with the restraining order request must not be

filed until after the court has ruled on the request for confidentiality and

must be consistent with (C) below.

(C)

Withdrawal of request

If a request for confidentiality under (B) made by the person asking for

the restraining order is denied and the requester seeks to withdraw the

request for restraining orders, all of the following apply:

(i)

The court must not file the request for restraining order and the

accompanying proposed order forms and must return the

documents to the requester personally, destroy the documents, or

delete the documents from any electronic files;

(ii)

The order denying confidentiality must be filed and maintained in

a public file; and

(iii) The request for confidentiality must be filed and maintained in a

confidential file.

(4)

Need for additional facts

If the court finds that the request for confidentiality is insufficiently specific

to meet the requirements under Family Code section 6301.5(b) for granting

the request, the court may take testimony from the minor, or legal guardian,

the person requesting a protective order, or other competent witness, in a

closed hearing in order to determine if there are additional facts that would

support granting the request.

(e)

Orders on request for confidentiality

(1)

Rulings

The court may grant the entire request, deny the entire request, or partially

grant the request for confidentiality.

(2)

Order granting request for confidentiality

(A)

Applicability

An order made under Family Code section 6301.5 applies in this case

and in any other civil case to all registers of actions, indexes, court

calendars, pleadings, discovery documents, and other documents filed

or served in the action, and at hearings, trial, and other court

proceedings that are open to the public.

(B)

Minor’s name

If the court grants a request for confidentiality of the minor’s name and:

(C)

(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. 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.

(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.

Circumstances surrounding protective order (statements related to

minor)

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. Information about

the minor ordered confidential by the court must not be made available

to the public.

(D)

Service and copies

The other party, or both parties if the person making the request for

confidentiality is not a party to the action, must be served with a copy

of the Request for Domestic Violence Restraining Order (form DV160), Order on Request to Keep Minor’s Information Confidential

(form DV-165), and Notice of Order Protecting Information of Minor

(form DV-170), redacted if required under (f)(4).

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.

(3)

Order denying request for confidentiality

(A)

The order denying confidentiality must be filed and maintained in a

public file. The request for confidentiality must be filed and maintained

in a confidential file.

(f)

(B)

Notwithstanding denial of a request to keep the minor’s address

confidential, the address may be confidential under other statutory

provisions

(C)

Service

(i)

If a request for confidentiality is denied and the request for

restraining order has been withdrawn, and if no other action is

pending before the court in the case, then the Request to Keep

Minor’s Information Confidential (form DV-160) and Order on

Request to Keep Minor’s Information Confidential (form DV165) must not be served on the other party, or both parties if the

person making the request for confidentiality is not a party to the

action.

(ii)

If a request for confidentiality is denied and the request for

restraining order has not been withdrawn, or if an action between

the same parties is pending before the court, then the Request to

Keep Minor’s Information Confidential (form DV-160) and

Order on Request to Keep Minor’s Information Confidential

(form DV-165) must be served on the other party, or both parties

if the person making the request for confidentiality is not a party

to the action.

Procedures to protect confidential information when order is granted

(1)

If a request for confidentiality is granted in whole or in part, the court, in its

discretion, and taking into consideration the factors stated in (g), must ensure

that the order granting confidentiality is maintained in the most effective

manner by:

(A)

The judicial officer redacting all information to be kept confidential

from all applicable documents;

(B)

Ordering the requesting party or the requesting party’s attorney to

prepare a redacted copy of all applicable documents and submit all

redacted copies to the court for review and filing; or

(C)

Ordering any other procedure that facilitates the prompt and accurate

preparation of a redacted copy of all applicable documents in

compliance with the court’s order granting confidentiality, provided the

selected procedure is consistent with (g).

(g)

(2)

The redacted copy or copies must be filed and maintained in a public file, and

the unredacted copy or copies must be filed and maintained in a confidential

file.

(3)

Information that is made confidential from the public and the restrained

person must be filed in a confidential file accessible only to the minor or

minors who are subjects of the order of confidentiality, or legal guardian who

requested confidentiality, law enforcement for enforcement purposes only,

and the court.

(4)

Any information that is made confidential from the restrained person must be

redacted from the copy that will be served on the restrained person.

Factors in selecting redaction procedures

In determining the procedures to follow under (f), the court must consider the

following factors:

(h)

(1)

Whether the requesting party is represented by an attorney;

(2)

Whether the requesting party has immediate access to a self-help center or

other legal assistance;

(3)

Whether the requesting party is capable of preparing redacted materials

without assistance;

(4)

Whether the redactions to the applicable documents are simple or complex;

and

(5)

When applicable, whether the selected procedure will ensure that the orders

on the request for restraining order and the request for confidentiality are

entered in an expeditious and timely manner.

Sharing of information about a protected minor

(1)

Sharing of information with the respondent

Information about a protected minor must be shared with the respondent only

as provided in Family Code section 6301.5(d)(2), limited to information

necessary to allow the respondent to respond to the request for the protective

order, and to comply with the confidentiality order and the protective order.

(2)

Sharing of information with law enforcement

Information about a protected minor must be shared with law enforcement

only as provided in Family Code section 6301.5(d)(1).

(i)

Protecting information in subsequent filings and other civil cases

(1)

Filings made after an order granting confidentiality

(A)

A party seeking to file a document or form after an order for

confidentiality has been made must submit the Cover Sheet for

Confidential Information (form DV-175) attached to the front of the

document to be filed.

(B)

Upon receipt of form DV-175 with attached documents, the court must:

(i)

Order a procedure for redaction consistent with the procedures

stated in (f);

(ii)

File the unredacted document in the confidential file pending

receipt of the redacted document if the redacted document is not

prepared on the same court day; and

(iii) File the redacted document in the public file after it has been

reviewed and approved by the court for accuracy.

(2)

Other civil case

(A)

Information subject to an order of confidentiality issued under Family

Code section 6301.5 must be kept confidential in any other civil case.

(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

other civil case involving the same parties.

Advisory Committee Comment

Subdivisions (a), (b), (d), and (e). The process described in this rule need not be used if the

request for confidentiality is merely to keep an address confidential and the minor has a mailing

address which does not need to be kept private that can be listed on the forms, or if the minor’s

address can be made confidential under Family Code section 3429. In addition, the address need

not be listed on the protective order for enforcement purposes under Family Code section 6225.

The restraining order forms do not require the address of the nonpetitioning minor.

This rule and rule 2.551 provide a standard and procedures for courts to follow when a request is

made to seal a record. The standard as reflected in Family Code section 6301.5 is based on NBC

Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178. The standard recognizes

the First Amendment right of access to documents used at trial or as a basis of adjudication.

Rule 5.382 adopted effective January 1, 2019.

Rule 5.526. Citation to appear; warrants of arrest; subpoenas

(a)

Citation to appear (§§ 338, 661)

In addition to the notice required under rule 5.524, the court may issue a citation

directing a parent or guardian to appear at a hearing as specified in section 338 or

661.

(1)

The citation must state that the parent or guardian may be required to

participate in a counseling program, and the citation may direct the child’s

present caregiver to bring the child to court.

(2)

The citation must be personally served at least 24 hours before the time stated

for the appearance.

(Subd (a) amended effective January 1, 2019; previously amended effective January 1,

2006, and January 1, 2007.)

(b)

Warrant of arrest (§§ 339, 662)

The court may order a warrant of arrest to issue against the parent, guardian, or

present custodian of the child if: as specified in section 339 or 662.

(1)

The citation cannot be served;

(2)

The person served does not obey it; or

(3)

The court finds that a citation will probably be ineffective.

(Subd (b) amended effective January 1, 2019.)

(c)

Protective custody or warrant of arrest for child (§§ 340, 663)

The court may order a protective custody warrant or a warrant of arrest for a child

if the court finds that: as specified in section 340 or 663.

(1)

The conduct and behavior of the child may endanger the health, person,

welfare, or property of the child or others; or

(2)

The home environment of the child may endanger the health, person, welfare,

or property of the child.

(Subd (c) amended effective January 1, 2019.)

(d)

Subpoenas (§§ 341, 664)

On the court’s own motion or at the request of the petitioner, child, parent,

guardian, or present caregiver, the clerk must issue subpoenas requiring attendance

and testimony of witnesses and the production of papers at a hearing. If a witness

appears in response to a subpoena, the court may order the payment of witness fees

as a county charge in the amount and manner prescribed by statute. as specified in

section 341 or 664.

(Subd (d) amended effective January 1, 2019; previously amended effective January 1,

2006.)

Rule 5.526 amended effective January 1, 2019; adopted as rule 1408 effective January 1, 1991;

previously amended effective January 1, 2006; previously amended and renumbered effective

January 1, 2007.

Rule 5.552. Confidentiality of records (§§ 827, 827.12, 828)

(a)

***

(b)

Petition

Juvenile case files may be obtained or inspected only in accordance with sections

827, 827.12, and 828. They may not be obtained or inspected by civil or criminal

subpoena. With the exception of those persons permitted to inspect juvenile case

files without court authorization under sections 827 and 828, and the specific

requirements for accessing juvenile case files provided in section 827.12(a)(1),

every person or agency seeking to inspect or obtain juvenile case files must petition

the court for authorization using Request for Disclosure of Juvenile Case File (form

7JV-570). A chief probation officer seeking juvenile court authorization to access

and provide data from case files in the possession of the probation department

under section 827.12(a)(2) must comply with the requirements of subdivision (e) of

this rule.

(1)–(2) * * *

(c)–(g) * * *

Chapter 7. Intercounty Transfers and Placements; Interstate Compact on the

Placement of Children

Rule 5.610. Transfer-out hearing

(a)

Determination of residence—special rule on intercounty transfers (§§ 375,

750)

(1)

For purposes of rules 5.610, and 5.612, and 5.614, the residence of the child

is the residence of the person who has the legal right to physical custody of

the child according to prior court order, including:

(A)

A juvenile court order under section 361.2; and

(B)

An order appointing a guardian of the person of the child.

(2)–(4) * * *

(Subd (a) amended effective January 1, 2019; previously amended effective January 1,

2004, and January 1, 2007.)

(b)

***

(c)

Transfer to county of child’s residence (§§ 375, 750)

(1)

(2)

After making its jurisdictional finding, the court may order the case

transferred to the juvenile court of the child’s residence if: as specified in

section 375 or section 750.

(A)

The petition was filed in a county other than that of the child’s

residence; or

(B)

The child’s residence was changed to another county after the petition

was filed.

If the court decides to transfer a delinquency case, the court must order the

transfer before beginning the disposition hearing without adjudging the child

to be a ward.

(3)

If the court decides to transfer a dependency case, the court may order the

transfer before or after the disposition hearing.

(Subd (c) amended effective January 1, 2019; previously amended effective January 1,

2004, and January 1, 2007.)

(d)–(j) * * *

Rule 5.610 amended effective January 1, 2019; adopted as rule 1425 effective January 1, 1990;

previously amended and renumbered effective January 1, 2007; previously amended effective

January 1, 1992, January 1, 1993, July 1, 1999, January 1, 2004, January 1, 2015, and January

1, 2017.

Rule 5.614. Courtesy supervision (§§ 380, 755)

The court may authorize a child placed on probation, a ward, or a dependent child to live

in another county and to be placed under the supervision of the other county’s county

welfare agency or probation department with the consent of the agency or department.

The court in the county ordering placement retains jurisdiction over the child.

Rule 5.614 repealed effective January 1, 2019; adopted as rule 1427 effective January 1,

1990; previously amended and renumbered effective January 1, 2007.

Rule 5.614. Intercounty Placements

(a)

Procedure

Whenever a social worker intends to place a dependent child outside the child’s

county of residence, the procedures in section 361.2(h) must be followed.

(b)

Participants to be served with notice

Unless the requirements for emergency placement in section 361.4 are met, before

placing a child out of county, the agency must notify the following participants of

the proposed removal:

(1)

The participants listed in section 361.2(h);

(2)

The Indian child’s identified Indian tribe, if any;

(3)

The Indian child’s Indian custodian, if any; and

(4)

The child’s CASA program, if any.

(c)

Form of notice

The social worker may provide the required written notice to the participants in (b)

on Notice of Intent to Place Child Out of County (form JV-555). If form JV-555 is

used, the social worker must also provide a blank copy of Objection to Out-ofCounty Placement and Notice of Hearing (form JV-556).

(d)

Method of Service

The agency must serve notice of its intent to place the child out of county as

follows:

(e)

(1)

Notice must be served by either first-class mail, sent to the last known

address of the person to be noticed; electronic service in accordance with

Welfare and Institutions Code section 212.5; or personal service at least 14

days before the placement, unless the child’s health or well-being is

endangered by delaying the action or would be endangered if prior notice

were given;

(2)

Notice to the child’s identified Indian tribe and Indian custodian must comply

with the requirements of section 224.2; and

(3)

Proof of Notice (form JV-326) must be filed with the court before any

hearing on the proposed out-of-county placement.

Objection to proposed out-of-county placement

Each participant who receives notice under (b)(1)–(3) may object to the proposed

removal of the child, and the court must set a hearing as required by section

361.2(h).

(f)

(1)

An objection to the proposed intercounty placement may be made by using

Objection to Out-of-County Placement and Notice of Hearing (form JV-556).

(2)

An objection must be filed no later than seven days after receipt of the notice.

Notice of hearing on proposed removal

If an objection is filed, the clerk must set a hearing, and notice of the hearing must

be as follows:

(g)

(1)

If the party objecting to the removal is not represented by counsel, the clerk

must provide notice of the hearing to the agency and the participants listed in

(b);

(2)

If the party objecting to the removal is represented by counsel, that counsel

must provide notice of the hearing to the agency and the participants listed in

(b);

(3)

Notice must be by either first-class mail, sent to the last known address of the

person to be noticed; electronic service in accordance with Welfare and

Institutions Code section 212.5; or personal service; and

(4)

Proof of Notice (form JV-326) must be filed with the court before the hearing

on the proposed removal.

Burden of proof

At a hearing on an out-of-county placement, the agency intending to move the child

must prove by a preponderance of the evidence that the standard in section 361.2(h)

is met.

(h)

Emergency placements

If the requirements for emergency placement in section 361.4 are met, the agency

must provide notice as required in section 16010.6.

Rule 5.614 adopted effective January 1, 2019.

Rule 5.678. Findings in support of detention; factors to consider; reasonable efforts;

detention alternatives

(a)

Findings in support of detention (§ 319; 42 U.S.C. § 672 § 600 et seq.)

The court must order the child released from custody unless the court finds that:

makes findings as specified in section 319(b).

(1)

A prima facie showing has been made that the child is described by section

300;

(2)

Continuance in the home of the parent or guardian is contrary to the child’s

welfare; and

(3)

Any of the following grounds exist:

(A)

There is a substantial danger to the physical health of the child or the

child is suffering severe emotional damage, and there are no reasonable

means to protect the child’s physical or emotional health without

removing the child from the parent’s or guardian’s physical custody;

(B)

The child is a dependent of the juvenile court who has left a placement;

(C)

The parent, guardian, or responsible relative is likely to flee the

jurisdiction of the court with the child; or

(D)

The child is unwilling to return home and the petitioner alleges that a

person residing in the home has physically or sexually abused the child.

(Subd (a) amended effective January 1, 2019; previously amended effective July 1, 2002

and January 1, 2007.)

(b)

Factors to consider

In determining whether to release or detain the child under (a), the court must

consider the following: factors in section 319(d).

(1)

Whether the child can be returned home if the court orders services to be

provided, including services under section 306; and

(2)

Whether the child can be returned to the custody of his or her parent who is

enrolled in a certified substance abuse treatment facility that allows a

dependent child to reside with his or her parent.

(Subd (b) amended effective January 1, 2019; previously amended effective July 1, 2002,

January 1, 2007, and January 1, 2016.)

(c)

Findings of the court—reasonable efforts (§ 319; 42 U.S.C. § 672 § 600 et seq.)

(1)

Whether the child is released or detained at the hearing, the court must

determine whether reasonable efforts have been made to prevent or eliminate

the need for removal and must make one of the following findings:

(A)

Reasonable efforts have been made; or

(B)

Reasonable efforts have not been made.

(2)

The court must also determine whether services are available that would

prevent the need for further detention.

(2)(3) 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.

(3)(4) If the court orders the child detained, the court must: proceed under section

319(d)–(e).

(A)

Determine if there are services that would permit the child to return

home pending the next hearing and state the factual bases for the

decision to detain the child;

(B)

Specify why the initial removal was necessary; and

(C)

If appropriate, order services to be provided as soon as possible to

reunify the child and the child’s family.

(Subd (c) amended effective January 1, 2019; adopted as subd (d); previously amended

and relettered effective July 1, 2002; previously amended effective January 1, 2007.)

(d)

Orders of the court (§ 319,; 42 U.S.C. § 672 § 600 et seq.)

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).

(Subd (d) amended effective January 1, 2019; adopted effective July 1, 2002.)

(e)

Detention alternatives (§ 319)

The court may order the child detained in the approved home of a relative, an

emergency shelter, another suitable licensed home or facility, a place exempt from

licensure if specifically designated by the court, or the approved home of a

nonrelative extended family member as defined in section 362.7. as specified in

section 319(f).

(1)

In determining the suitability of detention with a relative or a nonrelative

extended family member, the court must consider the recommendations of

the social worker based on the approval of the home of the relative or

nonrelative extended family member, including the results of checks of

criminal records and any prior reports of alleged child abuse.

(2)

The court must order any parent and guardian present to disclose the names,

residences (if known), and any identifying information of any maternal or

paternal relatives of the child.

(Subd (e) amended effective January 1, 2019; adopted effective January 1, 1999;

previously amended effective July 1, 2002, and January 1, 2007.)

Rule 5.678 amended effective January 1, 2019; repealed and adopted as rule 1446 effective

January 1, 1998; previously amended and renumbered as rule 5.678 effective January 1, 2007;

previously amended effective January 1, 1999, July 1, 2002, and January 1, 2016.

Rule 5.690. General conduct of disposition hearing

(a)–(b)

(c)

***

Case plan (§ 16501.1)

Whenever child welfare services are provided, the social worker must prepare a

case plan.

(1)

A written case plan must be completed and filed with the court by the date of

disposition or within 60 calendar days of initial removal or of the in-person

response required under section 16501(f) if the child has not been removed

from his or her home, whichever occurs first.

(2)

For a child of any age, The the court must consider the case plan and must

find as follows:

(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

(A) (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

(B) (D)

The social worker did not solicit and integrate into the case plan

the input of the child, the child’s family, the child’s identified Indian

tribe, and other interested parties. If the court finds that the social

worker did not solicit and integrate into the case plan the input of the

child, the child’s family, the child’s identified Indian tribe, and other

interested parties, in which case the court must order that the social

worker solicit and integrate into the case plan the input of the child, the

child’s family, the child’s identified Indian tribe, and other interested

parties, unless the court finds that each of these participants was unable,

unavailable, or unwilling to participate.

(3)

For a child 12 years of age or older and in a permanent placement, the court

must consider the case plan and must also find as follows:

(A)

The child was given the opportunity to review the case plan, sign it, and

receive a copy; or

(B)

The child was not given the opportunity to review the case plan, sign it,

and receive a copy. If the court makes such a finding, 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.

(C)

Whether the case plan was developed in compliance with and meets the

requirements of section 16501.1(g). If the court finds that the

development of the case plan does not comply with section 16501.1(g)

the court must order the agency to comply with the requirements of

section 16501.1(g).

(Subd (c) amended effective January 1, 2019; adopted effective January 1, 2007;

previously amended effective January 1, 2009, July 1, 2010, and January 1, 2017.)

Rule 5.690 amended effective January 1, 2019; adopted as rule 1455 effective January 1, 1991;

previously amended and renumbered effective January 1, 2007; previously amended effective

July 1, 1995, January 1, 2000, January 1, 2009, July 1, 2010, January 1, 2011, and January 1,

2017.

Rule 5.695. Findings and orders of the court—disposition

(a)–(b)

(c)

***

Removal of custody—required findings (§ 361)

(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 subdivision (c) of

section 361(c) by clear and convincing evidence.

(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 subdivision

(d) of section 361(d) by clear and convincing evidence.

(Subd (c) amended effective January 1, 2019; adopted as subd (c); previously relettered as

subd (d) effective July 1, 1995; previously amended effective July 1, 1997, July 1, 1999,

July 1, 2002, and January 1, 2007; previously amended and relettered effective January 1,

2017.)

(d)–(i)

***

Rule 5.695 amended effective January 1, 2019; adopted as rule 1456 effective January 1, 1991;

previously amended and renumbered effective January 1, 2007; previously amended effective

January 1, 1993, July 1, 1993, January 1, 1994, January 1, 1995, July 1, 1995, January 1, 1996,

January 1, 1997, July 1, 1997, January 1, 1999, July 1, 1999, January 1, 2001, July 1, 2001, July

1, 2002, January 1, 2004, January 1, 2006, January 1, 2008, January 1, 2010, January 1, 2011,

January 1, 2014, January 1, 2015, and January 1, 2017.

Rule 5.708. General review hearing requirements

(a)–(d) * * *

(e)

Case plan (§§ 16001.9, 16501.1)

The court must consider the case plan submitted for the hearing and must

determine: find as follows:

(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

(1)(3)Whether The child was actively involved, as age- and developmentally

appropriate, in the development of the case plan and plan for permanent

placement.; or

(4)

The child was not actively involved, as age- and developmentally

appropriate, in the development of the case plan and plan for permanent

placement, If the court finds the child was not appropriately involved, 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

(2)(5) Whether Each parent or legal guardian was actively involved in the

development of the case plan and plan for permanent placement.; or

(6)

Each parent or legal guardian was not actively involved in the development

of the case plan and plan for permanent placement, If the court finds that any

parent or guardian was not actively involved, 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

(3)(7) In the case of an Indian child, whether 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

(8)

The agency did not consult with the Indian child’s tribe, as defined in rule

5.502, and the tribe was not 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 If the court finds that the agency did not consult

the Indian child’s tribe, in which case the court must order the agency to do

so, unless the court finds that the tribe is unable, unavailable, or unwilling to

participate.; and

(4)(9) For a child 12 years of age or older in a permanent placement, whether the

child was given the opportunity to review the case plan, sign it, and receive a

copy.: or

(10) The child was not given the opportunity to review the case plan, sign it, and

receive a copy, If the court finds that the child was not given this opportunity

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.

(5)

Whether the case plan was developed in compliance with and meets the

requirements of section 16501.1(g). If the court finds that the development of

the case plan does not comply with section 16501.1(g), the court must order

the agency to comply with the requirements of section 16501.1(g).

(Subd (e) amended effective January 1, 2019; adopted as subd (g); previously amended

effective July 1, 2010, January 1, 2014, and January 1, 2016; amended and relettered

effective January 1, 2016.)

(f)–(i)

(j)

***

Appeal of order setting section 366.26 hearing

An appeal of any order setting a hearing under section 366.26 is subject to the

limitation stated in subdivision (l) of section 366.26 and must follow the procedures

in rules 8.400–8.416.

(Subd (j) amended effective January 1, 2019; adopted as subd (o); relettered as subd (j)

effective January 1, 2017.)

Rule 5.708 amended effective January 1, 2019; adopted effective January 1, 2010; previously

amended effective July 1, 2010, January 1, 2014, January 1, 2015, January 1, 2016, July 1, 2016,

and January 1, 2017.

Rule 5.764 * * *

Chapter 13. Cases Petitioned Under Sections 601 and 602

Article 2. Fitness Hearings on Transfer of Jurisdiction to Criminal Court

Rule 5.811. Modification to transition jurisdiction for a ward older than 17 years

and 5 months with a petition subject to dismissal (Welf. & Inst. Code, §§ 450,

451, 727.2(i)–(j), 778; Pen. Code, § 236.14)

(a)

Purpose

This rule provides the procedures that must be followed to modify delinquency

jurisdiction to transition jurisdiction for a young person who is older than 17 years,

5 months of age and:

(1)

Is under a foster care placement order;

(b)

(c)

(d)

(2)

Wants to remain in extended foster care under the transition jurisdiction of the

juvenile court;

(3)

Is not receiving reunification services;

(4)

Does not have a hearing set for termination of parental rights or establishment

of guardianship; and

(5)

The underlying adjudication establishing wardship over the young person is

subject to vacatur under Penal Code section 236.14.

Setting and conduct of hearing

(1)

The probation officer must request a hearing for the court to modify

delinquency jurisdiction to transition jurisdiction and vacate the underlying

adjudication.

(2)

The hearing must be held before a judicial officer and recorded by a court

reporter.

(3)

The hearing must be continued for no more than five court days for the

submission of additional evidence if the court finds that the report and, if

required, the Transitional Independent Living Case Plan submitted by the

probation officer do not provide the information required by (d), and the court

is unable to make all the findings required by (e).

Notice of hearing

(1)

The probation officer must serve written notice of the hearing in the manner

provided in section 295.

(2)

Proof of service of notice must be filed by the probation officer at least five

court days before the hearing.

Reports

At least 10 calendar days before the hearing, the probation officer must submit a

report to the court that includes information regarding:

(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;

(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;

(3)

Whether the young person was removed from the physical custody of his or

her parents, adjudged to be within the jurisdiction of the juvenile court under

section 725, and ordered into foster care placement; or whether the young

person was removed from the custody of his or her parents as a dependent of

the court with an order for foster care placement in effect at the time the court

adjudged him or her to be within the jurisdiction of the juvenile court under

section 725 and was ordered into a foster care placement, including the date of

the initial removal findings—“continuance in the home is contrary to the

child’s welfare” and “reasonable efforts were made to prevent removal”—as

well as whether the young person continues to be removed from the parents or

legal guardian from whom the young person was removed under the original

petition;

(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)

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;

(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;

(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;

(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

(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.

(e)

Findings

At the hearing, the court must make the following findings:

(1)

Whether notice has been given as required by law;

(2)

Whether the underlying adjudication is subject to vacatur under Penal Code

section 236.14;

(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;

(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;

(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;

(6)

Whether the benefits of remaining under juvenile court jurisdiction as a

nonminor dependent were explained and whether the young person

understands them;

(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

(8)

Whether the young person has had an opportunity to confer with his or her

attorney.

In addition to the findings listed above, for children who are older than 17

years, 5 months of age but younger than 18 years of age, the court must make

the following findings:

(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;

(B)

Whether reunification services have been terminated; and

(C)

(f)

Whether the young person’s case has been set for a hearing to terminate

parental rights or establish a guardianship.

Orders

The court must enter the following orders:

(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:

(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”;

(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

the child based on the modification of jurisdiction.

(2)

An order vacating the underlying adjudication and dismissing the associated

delinquency petition under Penal Code section 236.14.

(3)

An order directing the Department of Justice and any law enforcement agency

that has records of the arrest to seal those records and, three years from the

date of the arrest or one year after the order to seal, whichever occurs later,

destroy them.

(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.

(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.

Rule 5.811 adopted effective January 1, 2019.

Rule 5.812. Additional requirements for any hearing to terminate jurisdiction over

child in foster care and for status review or dispositional hearing for child

approaching majority (§§ 450, 451, 727.2(i)–(j), 778)

(a)

Hearings subject to this rule

***

(b)

Conduct of the hearing

***

(c)

Reports

(1)

In addition to complying with all other statutory and rule requirements

applicable to the report prepared by the probation officer for a hearing

described in (a)(1)–(4), the report must state whether the child was provided

with the notices and information required under section 607.5 and include a

description of:

(A) 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.

(B)–(E) * * *

(F)

(2)

For a child other than a dual status child, including a child whose

underlying adjudication is subject to vacatur under Penal Code section

236.14, the probation officer’s recommendation regarding the

modification of the juvenile court’s jurisdiction over the child from that

of a ward under section 601 or 602 to that of a dependent under section

300 or to that of a transition dependent under section 450 and the facts in

support of his or her recommendation.

***

(Subd (c) amended effective January 1, 2019; previously amended effective July 1, 2012.)

(d)

Findings

(1)

At the hearing described in (a)(1)–(4), in addition to complying with all other

statutory and rule requirements applicable to the hearing, the court must make

the following findings in the written documentation of the hearing:

(A) Whether the rehabilitative goals for this child have been met and

juvenile court jurisdiction over the child as a ward is n

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