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← California Family and Juvenile Rules

Part 1 — Family Rules

5.1 Title
5.111 Declarations supporting and responding to a request for court order
5.112.1 Declaration page limitation; exemptions
5.113 Live testimony
5.115 Judicial notice
5.12 Request for order regarding discovery
5.123 Reporting of hearing proceedings
5.125 Preparation, service, and submission of order after hearing
5.130 Request for Special Immigrant Juvenile findings
5.14 Sanctions for violations of rules of court in family law cases
5.151 Request for temporary emergency (ex parte) orders; application; required documents
5.16 Designation of parties
5.165 Requirements for notice
5.167 Service of application; temporary restraining orders
5.169 Personal appearance at hearing for temporary emergency orders
5.17 Other causes of action
5.170 Matters not requiring notice to other parties
5.18 Injunctive relief and reservation of jurisdiction
5.2 Division title; definitions; application of rules and laws D
5.210 Court-connected child custody mediation D
5.215 Domestic violence protocol for Family Court Services
5.220 Court-ordered child custody evaluations
5.225 Appointment requirements for child custody evaluators D
5.230 Domestic violence training standards for court-appointed child custody investigators and evaluators D
5.235 Ex parte communication in child custody proceedings
5.24 Joinder of persons claiming interest D
5.240 Appointment of counsel to represent a child in family law proceedings
5.241 Compensation of counsel appointed to represent a child in a family law proceeding D
5.242 Qualifications, rights, and responsibilities of counsel appointed to represent a child in family law proceedings D
5.250 Children's participation and testimony in family court proceedings
5.252 Guidelines for developing parenting plans and issuing court orders involving virtual visitation
5.260 General provisions regarding support cases
5.275 Standards for computer software to assist in determining support
5.29 Joinder of employee pension benefit plan
5.300 Purpose, authority, and definitions
5.305 Hearing of matters by a judge under Family Code sections 4251(a) and 4252(b)(7)
5.310 Use of existing family law forms
5.311 Implementation of new and revised governmental forms by local child support agencies
5.315 Memorandum of points and authorities
5.320 Attorney of record in support actions under title IV-D of the Social Security Act
5.324 Telephone appearance in title IV-D hearings and conferences D
5.325 Procedures for clerk's handling of combined summons and complaint
5.330 Procedures for child support case registry form
5.335 Procedures for hearings on interstate income withholding orders D
5.340 Judicial education for child support commissioners
5.350 Procedures for hearings to cancel (set aside) voluntary declarations of parentage or paternity when no previous action has been filed D
5.355 Minimum standards of training for court clerk staff whose assignment includes title IV-D child support cases
5.360 Appearance by local child support agency
5.365 Procedure for consolidation of child support orders
5.370 Party designation in interstate and intrastate cases
5.372 Transfer of title IV-D cases between tribal court and state court D
5.375 Procedure for a support obligor to file a motion regarding mistaken identity
5.380 Agreement and judgment of parentage in Domestic Violence Prevention Act cases
5.381 Modification of child custody, visitation, and support orders in Domestic Violence Prevention Act cases
5.382 Request to make minor's information confidential in domestic violence protective order proceedings D
5.386 Procedures for filing a tribal court protective order
5.390 Bifurcation of issues D
5.392 Interlocutory appeals D
5.393 Setting trials and long-cause hearings
5.394 Trial or hearing brief
5.4 Preemption; local rules and forms
5.40 Filing fees
5.401 Default
5.402 Request for default; forms
5.405 Judgment checklists
5.407 Review of default and uncontested judgments submitted on the basis of declaration under Family Code section 2336
5.409 Default and uncontested judgment hearings on judgments submitted on the basis of declarations under Family Code section 2336
5.41 Waiver of fees and costs
5.411 Stipulated judgments
5.413 Notice of entry of judgment
5.415 Completion of notice of entry of judgment
5.420 Domestic violence procedures for court-connected settlement service providers
5.425 Limited scope representation; application of rules D
5.427 Attorney's fees and costs
5.430 Minimum standards for the Office of the Family Law Facilitator
5.43 Fee waiver denials; voided actions; dismissal D
5.440 Related cases
5.445 Court communication protocol for domestic violence and child custody orders.
5.448 Minor's request to marry or establish a domestic partnership D
5.45 Repayment of waived court fees and costs in family law support actions
5.46 Waiver of fees and costs-Supreme Court or Court of Appeal
5.50 Papers issued by the court
5.51 Confidential cover sheet for parentage actions or proceedings involving assisted reproduction; other requirements
5.52 Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) D
5.60 Petition or complaint; alternative relief
5.62 Appearance by respondent
5.63 Request for order to quash proceeding or responsive relief D
5.66 Proof of service
5.68 Manner of service of summons and petition; response; jurisdiction
5.7 Use of forms
5.72 Court order for service by publication or posting when respondent's address is unknown
5.74 Pleadings and amended pleadings
5.76 Domestic partnerships
5.77 Summary dissolution
5.83 Family centered case resolution D
5.9 Appearance by telephone
5.90 Format of papers
5.91 Individual restraining order
5.92 Request for court order; responsive declaration
5.94 Order shortening time; other filing requirements; failure to serve request for order
5.95 Request to reschedule hearing
5.96 Place and manner of filing
5.97 Time frames for transferring jurisdiction
5.98 Meet-and-confer requirements; document exchange

Part 2 — Rules Applicable in Family and Juvenile Proceedings

5.451 Contact after adoption agreement
5.460 Request for sibling contact information D
5.475 Custody and visitation orders following termination of a juvenile court proceeding or probate court guardianship proceeding
5.480 Application
5.481 Inquiry and notice
5.482 Proceedings after notice D
5.483 Dismissal and transfer of case
5.484 Emergency proceedings involving an Indian child D
5.485 Placement of an Indian child
5.486 Termination of parental rights
5.487 Petition to invalidate orders
5.488 Adoption record keeping
5.490 Adoption of a child resident in the United States by a resident of a foreign country party to the Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption (Convention or Hague Adoption Convention)
5.491 Adoption of a child resident in the United States by a resident of a foreign country not party to the Hague Adoption Convention
5.492 Adoption by a United States resident of a child resident in a foreign country that is party to the Hague Adoption Convention
5.493 Requirement to request adoption under California law of a child born in a foreign country when the adoption is finalized in the foreign country (Fam. Code, §§ 8912, 8919) D
5.495 Firearm relinquishment procedures [Repealed]
5.496 Service requirement for proposed restrained persons who appear remotely

Part 3 — Juvenile Rules

5.500 Division title
5.501 Preliminary provisions
5.502 Definitions and use of terms D
5.504 Judicial Council forms
5.505 Juvenile dependency court performance measures D
5.510 Proper court; determination of child’s residence; exclusive jurisdiction; retention of jurisdiction after death of child or nonminor dependent
5.512 Joint assessment procedure D
5.514 Intake; guidelines D
5.516 Factors to consider
5.518 Court-connected child protection/dependency mediation D
5.520 Filing the petition; application for petition
5.522 Remote filing
5.523 Electronic service (§ 212.5)
5.524 Form of petition; notice of hearing
5.526 Citation to appear; warrants of arrest; subpoenas
5.530 Persons present D
5.531 Appearance by telephone (§ 388; Pen. Code § 2625)
5.532 Court reporter; transcripts
5.534 General provisions-all proceedings D
5.536 General provisions-proceedings held before referees
5.538 Conduct of proceedings held before a referee not acting as a temporary judge
5.540 Orders of referees not acting as temporary judges D
5.542 Rehearing of proceedings before referees
5.544 Prehearing motions (§ 700.1)
5.546 Prehearing discovery
5.548 Granting immunity to witnesses
5.550 Continuances D
5.551 Confidentiality of a juvenile case file (§ 827)
5.552 Procedure for requesting any juvenile delinquency case file and a living child’s juvenile dependency case file (§§ 827(a)(1), 827.12, 828) D
5.553 Procedure for requesting a deceased child’s juvenile dependency case file (§ 827(a)(2)) D
5.555 Hearing to consider termination of juvenile court jurisdiction over a nonminor-dependents or wards of the juvenile court in a foster care placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 451, 452, 607.2, 607.3, 16501.1 (g)(16)) D
5.560 General provisions
5.565 Hearing on subsequent and supplemental petitions (§§ 342, 364, 386, 387) D
5.570 Request to change court order (petition for modification)
5.575 Joinder of agencies
5.580 Hearing on violation of probation (§ 777) D
5.585 Rules governing appellate review
5.590 Advisement of right to review in section 300, 601, or 602 cases D
5.595 Stay pending appeal
5.605 Emancipation of minors D
5.610 Transfer-out hearing
5.612 Transfer-in hearing
5.613 Transfer of nonminor dependents D
5.614 Out-of-county placements D
5.616 Interstate Compact on the Placement of Children D
5.618 Placement in short-term residential therapeutic program (§§ 361.22, 727.12) D
5.619 Voluntary placement in psychiatric residential treatment facility (Welf. & Inst. Code, §§ 361.23, 727.13) D
5.620 Orders after filing under section 300
5.625 Orders after filing of petition under section 601 or 602
5.630 Restraining orders
5.632 Civil harassment, workplace violence prevention, and domestic violence prevention orders
5.635 Parentage
5.637 Family Finding (§§ 309(e), 628(d)) D
5.640 Psychotropic medications D
5.642 Authorization to release psychotropic medication prescription information to Medical Board of California D
5.643 Mental health or condition of child; court procedures D
5.645 Mental health or condition of child; competency evaluations
5.647 Medi-Cal: Presumptive Transfer of Specialty Mental Health Services D
5.649 Right to make educational or developmental-services decisions
5.650 Appointed educational rights holder D
5.651 Educational and developmental-services decisionmaking rights D
5.652 Access to pupil records for truancy purposes D
5.655 Program requirements for Court Appointed Special Advocate programs D
5.660 Attorneys for parties (§§ 317, 317.5, 317.6, 353, 366.26, 16010.6)
5.661 Representation of the child on appeal D
5.662 Child Abuse Prevention and Treatment Act (CAPTA) guardian ad litem for a child subject to a juvenile dependency petition
5.663 Responsibilities of children's counsel in delinquency proceedings (§§ 202, 265, 633, 634, 634.3 634.6, 679, 700)
5.664 Training requirements for children's counsel in delinquency proceedings (§ 634.3) D
5.667 Service and notice
5.668 Commencement of hearing-explanation of proceedings (§§ 316, 316.2) D
5.670 Initial hearing; detention hearings; time limit on custody; setting jurisdiction hearing; visitation (§§ 309, 311, 313, 315, 362.1) D
5.672 Continuances
5.674 Conduct of hearing; admission, no contest, submission D
5.676 Requirements for detention
5.678 Findings in support of detention; factors to consider; reasonable efforts; active efforts; detention alternatives
5.680 Detention rehearings; prima facie hearings [Repealed]
5.682 Commencement of jurisdiction hearing-advisement of trial rights; admission, no contest, submission
5.684 Contested hearing on petition
5.686 Continuance pending disposition hearing [Repealed]
5.688 Failure to cooperate with services (§ 360(b)) [Repealed]
5.690 General conduct of disposition hearing D
5.695 Findings and orders of the court-disposition D
5.697 Disposition Hearing for a Nonminor (Welf. & Inst. Code, §§ 224.1, 295, 303, 358, 358.1, 361, 366.31, 390, 391) D
5.700 Termination of jurisdiction-custody and visitation orders (§§ 302, 304, 361.2, 362.4, 726.5)
5.705 Setting a hearing under section 366.26
5.706 Family maintenance review hearings (§ 364)
5.707 Review or dispositional hearing requirements for child approaching majority (§§ 224.1, 366(a)(1)(F), 366.3, 366.31, 16501.1(f)(16)) D
5.708 General review hearing requirements D
5.710 Six-month review hearing D
5.715 Twelve-month permanency hearing D
5.720 Eighteen-month permanency review hearing
5.722 Twenty-four-month subsequent permanency review hearing
5.725 Selection of permanent plan (§§ 366.24, 366.26, 727.31)
5.726 Prospective adoptive parent designation (§§ 366.26(n), 16010.6) D
5.727 Proposed removal (§ 366.26(n))
5.728 Emergency removal (§ 366.26(n))
5.730 Adoption
5.735 Legal guardianship
5.740 Hearings after selection of a permanent plan (§§ 366.26, 366.3, 16501.1) D
5.752 Initial hearing; detention hearings; time limit on custody; setting jurisdiction hearing D
5.754 Commencement of initial hearing-explanation, advisement, admission
5.756 Conduct of detention hearing
5.758 Requirements for detention; prima facie case
5.760 Detention hearing; report; grounds; determinations; findings; orders; factors to consider for detention; restraining orders
5.762 Detention rehearings D
5.764 Prima facie hearings
5.766 General provisions D
5.768 Report of probation officer D
5.770 Conduct of transfer of jurisdiction hearing under section 707 D
5.772 Conduct of fitness hearings under sections 707(a)(2) and 707(c) [Repealed]
5.774 Setting petition for hearing-detained and nondetained cases; waiver of hearing
5.776 Grounds for continuance of jurisdiction hearing
5.778 Commencement of hearing on section 601 or section 602 petition; right to counsel; advisement of trial rights; admission, no contest
5.780 Contested hearing on section 601 or section 602 petition
5.782 Continuance pending disposition hearing D
5.785 General conduct of hearing D
5.790 Orders of the court D
5.795 Required determinations
5.800 Deferred entry of judgment D
5.804 Commitment to secure youth treatment facility D
5.805 California Department of Corrections and Rehabilitation, Division of Juvenile Justice, commitments [Repealed]
5.806 Secure youth treatment facility baseline term
5.807 Secure youth treatment facility progress review process
5.808 Discharge from secure youth treatment facility (§ 875(e)(3) & (4))
5.810 Reviews, hearings, and permanency planning D
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) D
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) D
5.813 Modification to transition jurisdiction for a ward older than 18 years and younger than 21 years of age (§§ 450, 451) D
5.814 Modification to transition jurisdiction for a ward older than 17 years, 5 months of age and younger than 18 years of age (§§ 450, 451) D
5.815 Appointment of legal guardians for wards of the juvenile court; modification or termination of guardianship Legal guardianship-wards (§§ 366.26, 727.3, 728)
5.820 Termination of parental rights for child in foster care for 15 of the last 22 months D
5.825 Freeing wards for adoption
5.830 Sealing records (§ 781) D
5.840 Dismissal of petition and sealing of records (§ 786)
5.850 850 Sealing of records by probation in diversion cases (§ 786.5) D
5.860 Prosecuting attorney request to access sealed juvenile case files D
5.900 Nonminor dependent-preliminary provisions (§§ 224.1(b), 295, 303, 366, 366.3, 388, 391, 607(a))
5.903 Nonminor dependent status review hearing (§§ 224.1(b), 295, 366.1, 366.3, 366.31) D
5.906 Request by nonminor for the juvenile court to resume jurisdiction (§§ 224.1(b), 303, 388(e), 388.1) D

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Family and Juvenile Rules

Part 1 · Family Rules

Rule 5.1. Title

Amended (current)

**** The rules in this title may be referred to as the Family and Juvenile Rules.

Source: Cal. Rules of Court, rule 5.1

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