Juvenile Court.Rule 500.Juvenile Court.
The presiding judge of the juvenile court shall, with the concurrence of the other judges, establish policies and procedures relating to all juvenile court matters. The presiding judge of the juvenile court may appoint an advisory committee to assist in exercising these duties.
The Santa Barbara Juvenile Court shall follow the juvenile court rules adopted by the Judicial Council of California. Local practice and procedures not otherwise inconsistent with the Judicial Council rules are set forth below.
Rule 501.Facilities for Detention of Minors.
Minors taken into temporary custody as persons described by Secs. 300 or 601 of the Welfare and Institutions Code shall be delivered to and detained at Santa Barbara County welfare department shelter care homes for Sec. 300 minors, and to a Santa Barbara County probation department designated non-secure detention facility for Sec. 601 minors.
Location and availability of space for Sec. 300 minors in South County (as defined by Santa Barbara Superior Court Rules) shall be obtained by calling the Santa Barbara County General Hospital switchboard, 681-4200, and asking for a protective service worker; and in the North County (Santa Maria area) by calling the Santa Barbara Sheriff's Department, Santa Maria Branch, 934-6160 or 346-7100 (after hours), and asking for a protective service worker; and in the Lompoc area by calling the Santa Barbara Sheriff's Department, Lompoc Branch, 737-7737, and asking for a protective service worker, (when Lompoc sheriff's branch office is closed, contact the Santa Maria sheriff's branch office and ask for the Lompoc protective service worker).
Locations and availablity of space for Section 601 minors shall be obtained in the South County by calling the Santa Barbara Juvenile Hall, 967-1264, and in the North County by calling the Santa Maria Juvenile Hall, 934-6270.
Minors taken into temporary custody as persons described by the provisions of Sec. 602 of the Welfare and Institutions Code shall be delivered to and initially detained at the Santa Barbara Juvenile Hall located at 4500 Hollister Avenue, in those instances wherein the minor has been taken into temporary custody within the geographical limits of the South County portion of Santa Barbara County.
Minors taken into temporary custody as persons described by the provisions of Sec. 602 of the Welfare and Institutions Code shall be delivered to and initially detained at the Santa Maria Juvenile Hall located at 812-B West Foster Road, in those instances wherein the minor has been taken into temporary custody within the geographical limits of the North County of Santa Barbara County.
(Amended, effective 1/1/88)
Rule 502.Transportation of Minors to Shelter Care Homes, Juvenile Halls, Non-Secure Detention Facilities.
Minors taken into custody for detaining at the above-named facilities shall be transported by the law enforcement agency which has taken the minor into custody; provided, however, that in instances of bona fide emergency or in instances where a probation officer or a protective service worker has volunteered to accept responsibility for transportation of the minor, the law enforcement agency shall be deemed relieved of said transportation responsibility. The law enforcement agency shall still be responsible to provide the juvenile admission record as set forth in Rule 503 below.
Rule 503.Information to be Provided by Law Enforcement Officers at Time of Delivery of Minor to Shelter Care Home, Juvenile Hall, Non-Secure Detention Facilities.
On each occasion that a minor is delivered to any of the above-named facilities, a juvenile admission record form shall either accompany the minor or be completed at the time of transfer of custody. The juvenile admission record form shall be filled out by a law enforcement officer having knowledge as to the facts subjecting the minor to juvenile court jurisdiction, the facts of the apprehension and temporary custody of the minor, and, if continued detention is recommended by the law enforcement agency, the basis of such recommendation. The juvenile admission record form is to be left with the juvenile hall receiving officer or the operator of either the shelter care home or non-secure facility as is appropriate. (See "Sample A--Juvenile Admission Form" at the end of this chapter.)
Rule 504.Responsibility of Probation Department Re Detained Minors.
The probation department shall insure, at both Santa Maria and Santa Barbara Juvenile Halls, that a person authorized to make the following release/detention decisions for minors received by the probation department is on duty 24 hours a day, seven days a week. The criteria of Secs. 207, 628, and 628.1 of the Welfare and Institutions Code shall be the standard used by said authorized person.
A.Designate placement of alleged Sec. 601 minors at a non-secure detention facility in response to inquiries by law enforcement agencies;
B.Release minors taken into temporary custody to a parent, guardian or responsible relative;
C.Arrange placement in a non-secure facility for alleged Sec. 602 minors who do not need 24 hour secure detention but who fall within the conditions of Paragraphs (1) (2) (3) or (4) of Sec. 628, Welfare and Institutions Code;
D.Release to a parent, guardian or responsible adult appropriate alleged 602 minors who do not need 24 hour secure detention and who do not fall the conditions of Paragraphs (1) (2) (3) or (4) of Sec. 628, Welfare and Institutions Code. Such release shall be on home supervision under terms and conditions agreed to in writing by said minor.
E.Detain in secure detention alleged Sec. 602 minors who meet criteria of Sec. 628, Welfare and Institutions Code.
Rule 505.Appointment of Public Defender as Counsel for Detained Minors.
The public defender is hereby appointed as counsel to represent all alleged Secs. 601 and 602 of the Welfare and Institutions Code minors who have been detained immediately upon detention at Juvenile Hall. The public defender shall act as attorney of record until further order of the court, or until notice that private counsel has been retained.
Rule 506.Filing of Petitions and Transfer-ins with County Clerk.
All petitions shall be filed at the Santa Barbara Superior Court Clerk's offices at any time during the normal business hours of such offices. The filing of petitions or transfer-ins are to be made at the Clerk of Superior Court offices located at 1100 Anacapa Street, Santa Barbara, for the south county filings, and at the juvenile court facility at 812-B West Foster Road, Santa Maria, for north county filings. In the north county, materials filed with the county clerk at locations other than the clerk's juvenile branch office shall be received, dated and transmitted forthwith by the receiving county clerk to the appropriate clerk's juvenile branch office.
In addition, the receiving county clerk's office in the north county, if other than a juvenile branch office, shall immediately, upon receipt of a petition or transfer-in for a detained minor, telephone the appropriate juvenile branch office to inform that branch office of the filing.
Petitions for Santa Barbara County resident minors shall be filed in the clerk's office serving the respective south county or north county within which occurred the alleged circumstances of the petition. The clerk shall be responsible to assign file numbers to Santa Barbara County resident minors who have no file number to reflect whether the minor's legal residence is in north county or south county.
Petitions for minors whose legal residences are out of the county of Santa Barbara shall be filed in the clerk's office serving either north or south county within which occurred the alleged circumstances of the petition.
(Amended, effective 7/5/83; 1/1/96)
Rule 507.Calendaring and Notice.
All juvenile court matters shall be calendared and noticed in accordance with the following schedule and pursuant to the following policies. Detention matters shall be calendared for the following day only when petitions have been filed by 3:30 p.m. or the court, upon request and for good cause, waives the following deadline.
North County
A.All matters shall be heard at 812-B West Foster Road, Santa Maria, California, on dates and times designated by the judicial officer handling juvenile matters except where otherwise noticed to appear at another designated time and place.
South County
A.All matters shall be heard at 1100 Anacapa Street, Santa Barbara, California, on dates and times designated by the judge handling juvenile matters, except where otherwise noticed to appear at another designated place and time.
(Amended, effective 7/13/92)
Rule 508.Reports.
Consistent with the practices prescribed in CRC Rules 1455(a) and 1496(b), social study reports, whether prepared by the probation department or the welfare department, shall be made available to the juvenile court and all parties, or counsel at least 48 hours prior to the date fixed by the court for the disposition hearing. As in the case of petitions, social study reports may be filed at the Superior Court Clerk's offices in Santa Maria and Santa Barbara at any time during the normal business hours of such offices. In the north county, social study reports filed with the Superior Court Clerk at locations other than clerk's juvenile branch offices shall be transmitted forthwith by the receiving Superior Court Clerk to the appropriate clerk's juvenile branch office. The receiving Superior Court Clerk's office shall mark all such reports with a date and time stamp immediately upon receipt.
(Amended, effective 7/5/83; 1/1/96)
509.Court-Appointed Counsel for Parties in Dependency Cases.
In all juvenile court proceedings filed under Welfare and Institutions Code §300 relating to dependent children of the juvenile court, the appointment and substitution or relief of counsel for the parties shall be governed by California Rule 1438 of the California Rules of Court and by these local rules.
A.Timeliness and Procedures for Settlements, Mediation, Discovery, Protocols, and Issues Related to Contested Matters.
(1)The court will set a pretrial (readiness and settlement) appearance for every matter announced as contested by any party. Matters will not ordinarily be placed on the calendar for a scheduled contested hearing until all parties who have appeared in the action have been served with the report and recommendation of the petitioner.
(2)All discovery materials should be exchanged between the parties and served upon all other parties who have appeared in the action no later than the pretrial (readiness and settlement) conference.
(3)When a relevant witness is discovered after the pretrial conference, the party wishing to call the witness shall serve all parties who have appeared in the action with appropriate discovery information on the next judicial day.
B.Competency of Appointed Counsel.
(1)Attorneys appointed to represent parties in dependency cases shall be required to meet the standards of training and competency established in Rule 1438, California Rules of Court. The juvenile court judges and commissioners of this court may from time to time require, at their discretion, proof that counsel have attended the continuing education and training required by Rule 1438.
(2)Counsel failing to participate in required continuing education, or otherwise demonstrating a lack of such professional skill, learning, and ability as is required competently to fulfill the responsibilities of appointed counsel for parties in dependency cases, will be barred by the court from further appointment, until these requirements are met.
(3)These standards do not apply to privately retained counsel.
(4)The assignment to appear in a dependency case on behalf of a party represented by a public office, including the District Attorney, Public Defender, or County Counsel, constitutes an implied certification to the court that in the opinion of the head of that agency, the assigned deputy possesses the skill, learning, experience, and training required by these rules and appropriate to the representation being undertaken. No other or further certification is required concerning deputies assigned by public agencies, in the absence of particular evidence of a lack of qualifications required by CRC Rule 1438.
C.Review and Resolution of Complaints by Parties.
(1)Complaints by parties concerning the adequacy of representation by appointed counsel shall be referred to the court, if informal discussion between counsel and the client does not resolve the complaint to the client's satisfaction. All appointed counsel have the duty to bring unresolved complaints regarding representation to the attention of the judge or commissioner assigned to the case. Counsel have the duty to tell parties dissatisfied with their representation of the right to draw the matter to the attention of the court.
(2) Where necessary to protect the privacy of the complaining party, or the confidentiality of information within the attorney-client privilege, the court will examine the complaint of the party in camera by procedures analogous to the Marsden hearing procedures in criminal cases.
D.Procedures to Inform Court of Interests of Dependent Child.
(1) All counsel have a continuing duty to advise the court of any information not privileged under applicable law bearing upon the best interests of a child subject to dependency proceedings. However, counsel have no duty under this rule to disclose information adverse to the interests of counsel's client, where such disclosure would violate a privilege or a rule of professional conduct.
(2) Counsel have a duty to assist persons interested in the welfare of a child before the court, by providing such persons with information as to the time and place of hearings, and by requesting court permission at hearings for such interested persons to appear and be heard. Counsel shall affirmatively encourage all persons interested in the welfare of a child before the court to communicate their information and recommendations orally or in writing to the court and to the Department of Social Services.
(Adopted effective 9/1/96)
