1) Attorney Representation in Dependency Court
State law charges minors' counsel with the tremendous responsibility of representing foster children in the dependency legal system. For information on state laws that govern standards of representation and duties for minor's counsel, seeWelfare and Institutions Code Section 317(e)and California Rule of Court 5.660. State law also allows foster youth to lodge a complaint about the performance of their attorney. In some California counties, a complaint concerning the performance of an attorney appointed to represent a minor may be lodged on the child’s behalf by a caretaker, relative, or a foster parent. For more information, seeourThe Role of Minor's Counsel.
2) De Facto Parent Status
A de facto parent is a person who has been found by the court to have “assumed, on a day-to-day basis, the role of the parent, fulfilling both the child’s physical and psychological need for care and affection, and who has assumed that role for a substantial period.” De facto parents are able to participate in juvenile court as a party and to present evidence to promote the best interests of the child and help the court make informed decisions regarding the child’s care and placement. For information on the California Rules of Court requirements for obtaining de facto parent status, see our De Facto Parent Information webpage.
3) Children's Appearance in Court
Foster children and youth are entitled to be present at their court hearings and may address the court and participate in the hearings. If a child or youth is 10 years or older, the court must ask why s/he is not present and whether the child or youth was given notice of the hearing and had the opportunity to attend. Welfare and Institutions Code section 349(c). For more information, see our Information for Foster Youth webpage.
4) Court Appointed Special Advocate (CASA)
Court Appointed Special Advocates (CASA) arevolunteers trained to act as first-hand observersof the individual needs of abused and neglected children in foster care. After completing at least 30 hours of training, CASAs are appointed by the court to a specific foster child. The CASA often serves as a source of information for the court about the child and the child's needs, advocates forthe child's best interests in the courtroom, and acts as a "watchdog" for the child'sneeds while the child is in the system. Local rules sometimes include CASA appointment procedures or rules governing access to documents or the court file.
5) Welfare and Institutions Code Section 388 petitions (JV-180 - Request to Change Court Order)
Any parent, sibling, or other person having an interest in a child who is a dependent of the juvenile court may have their concerns heardby a judge (even when you are not a party and do not qualify for de facto status) by filing a 388 petition/JV-180. A 388 petition/JV-180 Request to Change Court Ordershould be used only for important issues that need to be addressed immediately, circ*mstances have changed or there is new evidence that you can offer to the judge, and it is in the child’s best interests to modify a previous order. For more information, see our How To Request To Change A Court Order page.
6) Notice Regarding Placement Changes to Child(ren)'s Attorney
Welfare and Institutions Code section 16010.6(a) requires the county placing agency to notify the child's attorney when the decision to change the child's placement is first made (but no later than the close of the following business day) and to provide the child's attorney with the. . . proposed new caregiver’s name, address, and telephone number.If the proposed placement change involves separating siblings who are currently placed together, section 16010.6(c) requires the placing agency to notify the child’s attorney and the child's sibling's attorney(s)...at least 10 calendar days prior to the date of the change so that they may investigate the circ*mstances of the proposed separation of the siblings. If the required efforts to preserve the placement prove to be unsuccessful, section 16010.7(e)(3) requires that the dependent child/youth's attorney receive written notice of the proposed placement change at least 14 days prior to the date of the proposed change.
Find these Local Rules for Your County
To check the local rules in your county of jurisdiction, click the name of your county below. If your county has local rules pertinent to any of the topics listed above, we have provided the number of the local rule for you to reference. Note: if you get an error message when clicking on a link to a specific county from the California Courts webpage, please search on the internet for that county's superior court. Local rules are typically found under "General Information."
