New Rules 2005 - Juvenile Dependency Writs

JUVENILE DEPENDENCY WRITS

UNDER WELFARE AND INSTITUTIONS CODE SECTION 366.26

Topic

New

Old

Significant Changes / Comments

Notice of intent

Rule 38

Application of rule

38(a)

39.1B(b)

Rules 38-38.1, not rule 56, govern section 366.26 writs.

Purpose

38(b)

39.1B(a)

No substantive changes.  Encourage review on merits within 120 days.

Who may file

38(c)

39.1B(h)

No substantive changes.  Trial counsel or party.

Extensions of time

38(d)

New

Extensions for any act including filing notice of intent may be granted, but only by Court of Appeal on showing of exceptional good cause.

Notice of intent

38(e)

Requirement of notice and request for record

38(e)(1)

39.1B(f)

No substantive changes.

Dates of hearings

38(e)(2)

39.1B(f)

No substantive changes.

Signature

38(e)(3)

39.1B(f)

No substantive changes.

Time for filing

38(e)(4)

39.1B(f)

No substantive changes.

Time to file if order was mailed

38(e)(5)

39.1B(f)

Change: When notice of the order setting 366.26 hearing is mailed, the 12 days for filing a notice of intent under this rule is to be measured from the date of mailing, rather than the date of the order.

Sending the notice of intent

38(f)

Counsel

38(f)(1)(A)

39.1B(f)

No substantive changes.

Parties

38(f)(1)(B)

39.1B(f)

No substantive changes.

Probation officer or social worker

38(f)(1)(C)

39.1B(f)

No substantive changes.

CASA

38(f)(1)(D)

39.1B(f)

No substantive changes.

Court of Appeal

38(f)(2)

39.1B(f)

New:  In addition to copy of notice and proof of service, clerk must include date that notice of order setting 366.26 hearing was sent, if that notice was sent only by mail.