CA R INYO SUPER CT Rule 9.4
 

 

Superior Court of California, County of Inyo, Local Rules of Court, Rule 9.4

Central California Local Court Rules
Inyo County
Superior Court
Superior Court of California County of Inyo Local Rules of Court
Article IX. Juvenile and Dependency

Rule 9.4. Dependency Counsel-Qualifications

(a) Every party in a dependency hearing shall be entitled to competent counsel as defined in California Rule of Court 5.660(b). All attorneys appearing in juvenile dependency proceedings must meet the minimum standards of competence set forth in these rules. These rules are applicable to attorneys representing public agencies, attorneys employed by public agencies, attorneys appointed by the court to represent any party in a juvenile dependency proceeding, and attorneys who are privately retained to represent a party to a juvenile dependency proceeding.

(b) Effective January 1, 2002, all attorneys who represent parties in juvenile court proceedings shall meet the minimum standards of training and/or experience set forth in these rules.

(c) Each attorney of record for a party to a dependency matter pending before the court on January 1, 2002, who believes that he or she meets the minimum standards of competency shall complete and submit to the Court, on or before February 1, 2002, a Certification of Competency as defined by these rules.

(d) Any attorney appearing before the Court in a dependency case pending on January 1, 2002, who does not meet the minimum standards of training or experience shall notify the Court to that effect and shall have until May 1, 2002 to complete the minimum number of hours of training required to fulfill the requirements of these rules. If the attorney fails to compete such training, the court may shall order, except in cases where a party is represented by retained counsel that certified counsel be substituted for the attorney who fails to complete the required training. In the case of retained counsel, the Court shall notify the party that his or her counsel has failed to meet the minimum standards required by these rules. The determination whether to obtain substitute private counsel shall be solely within the discretion of the party so notified.

(e) After January 1, 2002, any attorney appearing in a dependency matter for the first time, or who otherwise appears without being in full compliance with the provisions of this rule, shall complete and submit a Certification of Competency to the Court within ten (10) days of his or her first appearance in a dependency matter.

(f) Said Certification of Competency shall be in the form of a declaration, setting forth the attorney's California State Bar number, certifying that the attorney is an active member of the California State Bar in good standing, certifying that the attorney has met the minimum standards for dependency practice as set forth in California Rules of Court, Rule 5.660 and this local rule, and detailing the attorney's completion of the minimum requirements for training, education, and/or experience.

(g) In the case of an attorney who maintains his or her principal office outside of this county, proof of certification by the Juvenile Court of the California County in which the attorney maintains an office shall be sufficient evidence of competence to appear in a juvenile proceeding in this County.

(h) Each attorney appearing in a dependency matter before the juvenile court shall not seek certification of competency and shall not be certified by the Court as competent until the attorney has completed the following minimum training and educational requirement. Prior to certification, the attorney shall have either:

(1) Participated in at least eight hours of training or education in California juvenile dependency law, which training or education shall have included information on the applicable case law and statutes, the rules of court, judicial council forms, motions, trial techniques and skills, writs and appeals, child development, child abuse and neglect, family reunification and preservation, and reasonable efforts, or

(2) At least six (6) months of experience in dependency proceedings in which the attorney has demonstrated competence in the attorney's representation of his or her clients in said proceedings. In determining whether the attorney has demonstrated competence, the court shall consider whether the attorney's performance has substantially complied with the requirements of these rules.

(i) In order to retain his or her certification to practice before the juvenile court in dependency matters, each attorney who has been previously certified by the Court shall submit a new Certificate of Competency to the Court on or before the January 31st of the third year after the year in which the attorney is first certified and then every third year thereafter. The attorney shall attach to the renewal Certification of Competency evidence that he or she has completed at least eight (8) hours of continuing training or education directly related to dependency proceedings since the attorney was last certified. Evidence of completion of the required number of hours of training or education may include a copy of a certificate of attendance issued by a California MCLE provider. Attendance at a program sponsored or approved by the Judicial Council of California may also fulfill this requirement.

(1) The attorney's continuing training or education shall be in the areas set forth above in subdivision (h)1 of this rule, or in other areas related to juvenile dependency practice including, but not limited to, special education, effects of domestic violence on children, mental health, health care, substance abuse, immigration issues, the rules of evidence, adoption practice, parentage issues, the Uniform Child Custody Jurisdiction and Enforcement Act, the Parental Kidnapping Prevention Act, state and federal public assistance programs, the Indian Child Welfare Act, client interviewing and counsel techniques, case investigation and settlement negotiations, mediation, basic motion practice and the rules of civil procedure.

(2) If the attorney fails to submit the required evidence or fails to complete the required minimum hours of continuing training or education, the Court may shall order, except in cases where a party is represented by retained counsel, that certified counsel be substituted for the attorney who fails to complete the required training. In the case of retained counsel, the Court may shall notify the party that his or her counsel has failed to meet the minimum standards required by these rules. The determination whether to obtain substitute counsel shall be solely within the discretion of the party so notified.

CREDIT(S)

Eff. Jan. 1, 2002. As amended, eff. July 1, 2010.

Inyo County Superior Court Rules, Rule 9.4, CA R INYO SUPER CT Rule 9.4

Current with amendments received through 3/1/2011                              


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