Rule 5.534.General provisions—all proceedings

This rule collects the things that apply at every juvenile hearing, and several of them decide who has a voice.

A de facto parent — a present or previous custodian the court recognizes on a sufficient showing — gains standing to participate as a party from disposition onward: to be present, to be represented by retained or (at the court’s discretion) appointed counsel, and to present evidence. A relative may be permitted to attend and address the court, and has the right to submit information about the child at any time, on a form or by letter. Where a relative is located through the required search, the social worker must hand them the statutory notice, a partly completed relative information form, and a confidential information form — the latter going into a confidential part of the file.

On counsel, the court must advise any self-represented child, parent or guardian of the right to be represented. In dependency it must appoint counsel for the child unless it finds the child would not benefit and makes the required findings, and must appoint counsel for a parent who cannot afford one where the child is or would be in out-of-home care, absent a knowing and intelligent waiver. In delinquency it must appoint counsel for any child appearing without it, absent waiver — and where a parent can afford counsel but has not retained it, the court appoints and orders the parent to reimburse the county.

An Indian child’s tribe is entitled to intervene as a party at any stage, by counsel or by a designated representative whose authority is evidenced by tribal resolution. Where the tribe does not intervene, the court may still let an affiliated individual or another tribe’s programme attend, address the court, receive notice, examine documents, and submit reports.

The advisement subdivision lists the hearing rights the court must explain: the privilege against self-incrimination, confrontation and cross-examination of those who prepared reports and of witnesses, compulsory process, and the right to present evidence — plus the right to receive the officer’s reports and inspect the documents used to prepare them.

Two administrative provisions carry real weight. Each parent must provide a mailing address at their first appearance, and is advised that notice requirements are satisfied by service at that address until they file written notice of a change. Where a party consents to electronic service, they must provide an electronic service address — and a person under 18 filing that form must ask their attorney or another adult to serve it. Finally, current caregivers — foster parents, preadoptive parents, relative caregivers and nonrelative extended family members — must be given notice of the review, permanency and section 366.26 hearings and have the right to be heard at each.