CA R SAN BENITO SUPER CT Rule 13.5
Superior Court of California, County of San Benito, Local Rules, Rule 13.5
Central California Local Court Rules
San Benito County
Superior Court
Superior Court of California County of San Benito Local Rules of Court
Chapter 13. Juvenile Dependency Rules

Rule 13.5. Minimum Standards of Education or Training

(a) Standards: An attorney appearing in a dependency matter before the juvenile court must not seek Certification of Competency and will not be certified by the court as competent until the attorney has completed the following minimum training or experience requirements. Prior to the certification, the attorney must have either:

(1) Participated in at least eight hours of training or education in juvenile dependency law, which training or education must 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, or

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

(b) Renewal: In order to retain his or her certification to practice before the juvenile court, each attorney who has been previously certified by the court must submit a new Certification of Competency to the court on or before January 31st of the third year after the year in which the attorney is first certified and then every third year thereafter. The attorney must attach the renewal Certification of Competency as evidence that he or she has completed at least eight 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 (i) a certificate of attendance issued by a California MCLE provider; (ii) a certificate of attendance issued by a professional organization which provides training or education for its members, whether or not it is a MCLE provider; (iii) the training or educational program schedule together with evidence of attendance at a program; or (iv) other documentation as may reasonably be considered to demonstrate the attorney's attendance at a program. Attendance at a court-sponsored or approved program will also count toward the required training hours.

(c) Continuing Training: The attorney's continuing training or education must be in the areas set forth in subdivision (1)(a) of this local rule, or in other areas related to juvenile dependency practice including substance abuse, domestic violence, restraining orders, special education, mental health, health care, immigration issues, the rules of evidence, adoption practice and parentage issues, the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act, state and federal public assistance programs, the Indian Child Welfare Act, client interviewing and counseling techniques, case investigation and settlement negotiations, mediation, basic motion practice, and the rules of civil procedure.

(d) Decertification: When a certified attorney fails to submit evidence that he or she has competed at least the minimum required training and education to the court by the due date, the court will notify the attorney that he or she will be decertified. The attorney will have 20 court days from the date of the mailing of the notice to submit evidence of his or her completion of the required training or education. If the attorney fails to submit the required evidence or fails to complete the required minimum hours of continuing training or education, the court must order that certified counsel be substituted for the attorney who fails to complete the required training, except in cases where a party is represented by retained counsel.

CREDIT(S)

Eff. July 1, 1996. Renumbered, eff. July 1, 1999. As amended, eff. Jan. 1, 2002; July 1, 2008; Jan. 1, 2011.

San Benito County Superior Court Rules, Rule 13.5, CA R SAN BENITO SUPER CT Rule 13.5

Current with amendments received through 3/1/2011                              

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