Superior Court Of California - Occourts
Superior Court of CaliforniaCounty of Los AngelesCounty of San DiegoCounty of San BernardinoCounty of RiversideCounty of ImperialCounty of OrangeAdministrative Order re:Adoption of Southern California Inter-County Transfer ProtocolPLEASE TAKE NOTICE:Pursuant to the mandate of subdivision (d), section 202, Welfare and Institutions Code,“to improve system performance in a vigorous and ongoing manner”, commencing April 8, 2013,the Presiding Judges of the Juvenile Courts, of the Superior Courts, for the counties of LosAngeles, San Diego, San Bernardino, Riverside, Imperial and Orange, met and developed aprotocol for the transfer of juvenile dependency and delinquency cases from one county toanother in Southern California.The Juvenile Presiding Judges unanimously agreed that an inter-county transfer protocolmust contain provisions:a. To ensure that a transfer of jurisdiction is in the best interests of the minor;b. For confirming the residence of the parent or legal guardian in the proposedreceiving county;c. For ensuring that the level of services required by the minor and/or family can be metin the proposed receiving county;d. To provide for the expeditious and efficient transfer of cases in order to reduce anyinterruption of services to the minor and/or family, and permit the timely conduct ofstatutorily mandated hearings;
Re: Administrative Order re: Adoption of Southern California Inter-County Transfer ProtocolPage 2e. To set a transfer-in hearing in the receiving court, by the sending court, in order toexpedite bringing the minor and family under the jurisdiction and supervision of thereceiving court, and ordering the appearance of the minor and/or family in thereceiving court;f.To expedite the preparation and transfer of the Court’s file from the sending countyto the receiving county.Concurrent with the development of an inter-county transfer protocol, the participatingJuvenile Courts implemented a system for the secure electronic transfer of case files amongstthe participating counties called “eCase eXchange, developed by the Riverside Superior Court.By providing for the instantaneous electronic exchange of case files, eCase eXchange results inconsiderable time and cost savings over the traditional mailing by U.S. Postal Service. In thedevelopment of an inter-county transfer protocol, the Juvenile Presiding Judges incorporatedthe increased time and efficiencies gained by eCase eXchange, including by modifying thetimelines for the setting of transfer-in hearings, stated in Rule 5.612, in order to reduce delays inbringing the parties under the jurisdiction of the receiving county and in the provision ofservices.IT IS THEREFORE ORDERED:1.The Southern California Inter-county Transfer Protocol, attached hereto, is adopted bythe Juvenile Courts, of the Superior Courts, for the counties of Los Angeles, San Diego,San Bernardino, Riverside, Imperial, and Orange, and shall be applicable to the transferof any dependency, delinquency and/or non-minor dependent cases between eachcounty.2.All parties, attorneys, agencies, and organizations appearing before the SouthernCalifornia Juvenile Courts shall comply with the provisions of the Southern CaliforniaInter-county Transfer Protocol.3.In the event that the provisions of the Southern California Inter-County Transfer Protocolconflicts with the California Rules of Court, regarding the timelines and setting oftransfer-in hearings, including Rule 5.612, the provisions of the Transfer Protocol shallcontrol.4.This Administrative Order officially adopts the Southern California Inter-County TransferProtocol effective forthwith. This Order shall continue unless modified by a laterAdministrative Order. Revisions to the protocol shall be addressed as outlined inchapter one, section D.5.This order may be executed in subparts.Date:08/24/15Michael I. LevanasPresiding Judge of Juvenile CourtCounty of Los Angeles
Re: Administrative Order re: Adoption of Southern California Inter-County Transfer ProtocolPage 3Date:08/03/15Carolyn M. CaiettiPresiding Judge of Juvenile CourtCounty of San DiegoDate:08/11/15Christopher B. MarshallPresiding Judge of Juvenile CourtCounty of San BernardinoDate:08/05/15Date:08/25/15William D. QuanJudge of the Juvenile CourtCounty of ImperialDate:08/03/15Maria D. HernandezPresiding Judge of Juvenile CourtCounty of Orange
SUPERIOR COURT OF CALIFORNIASOUTHERN CALIFORNIAINTER-COUNTY TRANSFERPROTOCOLDeveloped for Juvenile Dependency andDelinquency CourtsParticipating Counties:ImperialLos AngelesOrangeRiversideSan BernardinoSan DiegoPilot Program effective on August 4, 2014Final Protocol adopted on September 8, 2015Last Updated: September 8, 2015
CONTENTSIntroduction and Background . 3Chapter One: Communication . 5Chapter Two: Appropriateness of Transfer (Delinquency And Dependency) . 8Chapter Three: Procedure to be Completed Prior to Requesting a Court Order for aDelinquency Transfer . 11Chapter Four: Procedure to be Completed Prior to Requesting a Court Order for aDependency Transfer . 14Chapter Five: Nonminor Dependent Cases . 17Chapter Six: Transfer-Out Hearings. 19Chapter Seven: Preparation of the Court File to Send to the Receiving Court . 22Chapter Eight: Preparation of the Agency File to Send to the Receiving County Agency andTransportation . 26Chapter Nine: Transfer-In Hearing . 28Chapter Ten: Rehearings and Appeals . 30Chapter Eleven: Courtesy Supervision . 32Chapter Twelve: Judicial Communication . 32Forms . 33ATTACHMENT 1 . 33ATTACHMENT 2 . 38ATTACHMENT 3 . 42Appendix . 44AMENDMENT LOG . 44Southern California Inter-county Juvenile Transfer ProtocolPage 2
INTRODUCTION AND BACKGROUNDFrom time to time, a variety of difficult issues arise when it is necessary to transfer the authorityover juvenile delinquency, dependency, and nonminor cases from one county to another. Workingcollaboratively, the court can make it easier for court staff, probation officers, social workers,attorneys and litigants to understand the transfer process and administer these cases efficiently.The Southern California Inter-County Transfer Protocol was developed to further the administrationof justice and effectively serve the youth within the jurisdictions of the Southern California counties.While there may be slight inconsistencies with the California Rules of Court, the protocolestablishes practices for substantive hearings on requests for transfer. The intended purpose ofthe protocol is to complete hearings earlier than outlined in the California Rules of Court therebyexpediting the transfer process.On April 8, 2013, Riverside County hosted a meeting to discuss the potential enactment of anInter-county Transfer Protocol for the Southern California counties. Present at the meeting wereJuvenile Presiding Judges and administrative staff from Orange, San Bernardino, Los Angeles,Riverside and San Diego; all present unanimously agreed to develop a protocol. After the initialmeeting in April, Imperial County joined the group in support of the transfer protocol. A secondmeeting was held on October 2, 2013 to discuss the various aspects of the Southern CaliforniaInter-county Transfer Protocol.At the October 2, 2013 and November 20, 2013 meetings, led by Judge Douglas Hatchimonji fromOrange County, a substantial number of issues were addressed, including: identifying key contactpersons in each county; uniform forms and orders; advance confirmation of hearing dates in thetransfer-in county; and timing of the transfer before and after disposition. On February 5, 2014, ajoint meeting of child welfare agencies, probation departments, juvenile court judges, and courtpersonnel was held to review and discuss the Southern California Inter-county Transfer Protocol.Orange County has agreed to host a secured regional website. The website page will contain theprotocol and corresponding forms, contact information, schedule of hearing dates and times ofeach jurisdiction and links to each jurisdiction’s website for quick access to court locations anddriving directions.Additionally, the transfer of juvenile case files between counties has always required a great dealof court resources in the processing, copying and distribution of the files. Therefore, a new systemfor the electronic transfer of case files was developed by Riverside Superior Court called eCaseeXchange. This program allows authorized staff to upload and encrypt PDF versions of case files,generates electronic certifications and receipts for record automatically, and automates otherfunctionality that will reduce, if not eliminate, manual processing, thus yielding considerable timeand cost savings.The Presiding Judges of the Juvenile Courts for the counties of Los Angeles, San Diego, SanBernardino, Riverside, Imperial and Orange are committed to making the Inter-county TransferProtocol a permanent procedure for the Southern California counties. The protocol shall first beenacted as a pilot project for six months commencing on August 4, 2014. The purpose of the pilotis to refine the provisions of the protocol, as needed, based on the application of the protocolprocedures.Southern California Inter-county Juvenile Transfer ProtocolPage 3
Towards the end of the successful pilot phase, the Presiding Judges (or their designee) of theparticipating Juvenile Courts met in Orange County in February, 2015, and telephonically conferredin March, 2015, to review feedback and comments from the courts and juvenile stakeholdersregarding the Inter-County Transfer Protocol. After careful consideration of all comments somemodifications, additions and deletions to the original protocol and protocol court forms were agreedupon and circulated to juvenile stakeholders in anticipation of a joint meeting in April, 2015.On April 13, 2015, a joint meeting was held of child welfare agencies, probation departments,juvenile court judges, and other juvenile stakeholders to debrief the pilot and address anyoutstanding concerns. On September 8, 2015, the Southern California Inter-county TransferProtocol was officially approved and enacted.Southern California Inter-county Juvenile Transfer ProtocolPage 4
CHAPTER ONE: COMMUNICATIONA. LEAD COURT1. Every two years1, one court shall be designated as the lead courtto be responsible for disseminating ongoing information andchanges related to the protocol. In addition, each court shallmaintain its own contact list of participating courts and ancillaryagencies.2. The lead court shall maintain the protocol and other relevantinformation on a regional website specifically designed for accessby the participating counties.3. Each court shall maintain its own contact list and notify eachcounty’s point of contact of any changes.B. POINT OFCONTACT FOR THECOURT1. Each court shall identify two court staff persons to serve as thepoints of contact for delinquency, dependency, and nonminordependent cases. One staff person will be designated as theprimary point of contact, and the other staff person designated asthe secondary point of contact.2. Each court shall post the following information on the regionalwebsite for its designated court contacts: name, title, mailingaddress, phone number and email address.3. Each court shall provide the names and contact information forstaff in the respective probation and child welfare departmentsthat will be identified as the designated contact for those countyentities.4. Each court’s primary point of contact shall immediately notify thelead court when contact information for the court, probationdepartment or child welfare department changes.5. Each court’s primary point of contact shall receive anddisseminate relevant information regarding the protocol to otheragencies in its jurisdiction.C. REGIONALSECURE WEBSITEAND INDIVIDUALCOURT INTERNETWEB PAGESOrange County Superior Court shall host the regional secure websitefor posting the following information:1. Designated hearing days, times and court location(s) fortransfer-in hearings.2. Driving directions and maps to each county’s court(s).3. A list of each jurisdiction’s contacts (court, probation and childwelfare, juvenile presiding judge or designee).1The order in which each court will rotate the lead court responsibilities are as follows: Riverside, Orange, San Bernardino, SanDiego, Los Angeles, and Imperial.Southern California Inter-county Juvenile Transfer ProtocolPage 5
4. In addition, each court shall provide contact information forCASA and the regional offices for any of the followingattorney groups as appropriate: district attorney, delinquencydefense counsel, county counsel, dependency children’sattorneys and dependency parents’ attorneys.Each court shall ensure the information on the regional securewebsite for its court is accurate and current.Each court shall maintain an individual web page on its court internetwebsite dedicated to the Inter-county Transfer Protocol that isaccessible to the public. The individual website will contain overviewinformation, the protocol and forms needed by the public. RiversideSuperior Court shall post the protocol and forms on its court internetwebsite, and the other participating courts will link to the protocol andforms from their respective web pages.D. CHANGES TOPROTOCOLThe lead court shall be responsible for facilitating andcommunicating to the participating jurisdictions requests to correctand/or amend the protocol.1. The requesting jurisdiction shall email the lead court’s singlepoint of contact with their proposed correction and/oramendment.2. The lead court shall be responsible for coordinating a consensusthrough a two-step process:a) Court ReviewNon-substantive proposed corrections and/or amendments (e.g.clerical processing, etc.) will be reviewed by court administration.The Juvenile Presiding Judges will review substantive proposedcorrections and/or amendments. The Juvenile Presiding Judgeswill determine if stakeholder comment is required.The proposed corrections and/or amendments, along with aproposed solution, will be sent via email to each participatingcourt for comment. The comment period will be open for 30days.b) Agency Review of Substantive CorrectionOnce a consensus is reached at the court level, the proposedcorrections and/or amendments and solution will be sent to theagencies for comment. The comment period will be open for 45days. Agency comments and/or objections should be referredback to the lead court’s single point of contact.3. The point of contact for the lead court shall be responsible forcompiling agency comments and emailing the courts.Southern California Inter-county Juvenile Transfer ProtocolPage 6
4. The court shall review the agency comments. If necessary, thelead court shall arrange a date and time for a telephoneconference in order to address the comments.5. Once a resolution has been reached on proposed correctionand/or amendment, the lead court shall make the change(s) tothe protocol and note the change(s) on the “Amendment Log”located in the appendix.E. NON-COMPLIANCEWITH PROTOCOLWhen general issues of non-compliance occur, agencies maycontact their respective juvenile presiding judge. The juvenilepresiding judges will then communicate with each other to resolvethe concern.Southern California Inter-county Juvenile Transfer ProtocolPage 7
CHAPTER TWO: APPROPRIATENESS OF TRANSFER (DELINQUENCYAND DEPENDENCY)A. STANDARD FORDETERMINING IF ACASE SHOULD BETRANSFERREDDelinquency and dependency cases shall be transferred only if thesending court determines all of the following pursuant to CaliforniaRules of Court, rule 5.610(a):21. The minor’s parent or legal guardian resides in theproposed receiving county;32. The transfer is in the minor’s best interest; and3. The level of services required by the minor and family can bemet in the proposed receiving county.B. TIMING OFTRANSFER OFDELINQUENCYCASES1. The court shall not transfer a delinquency court case4 until aftermaking jurisdictional findings as established in Rule 5.610(c)(2)(i.e., an admission is entered or one or more charges are foundtrue at trial).a) If at the time of the jurisdiction hearing, the minor’s parent orlegal guardian is known to reside in another county, thesending court shall not conduct the disposition hearing andshall thereafter transfer the case out to the other county.b) If the minor does not waive time for disposition, the sendingcourt may find good cause to schedule the matter beyond thestatutory 10-day period pursuant to WIC § 6825. [Rule5.610(c)(2) and (e)]c) If the sending court determines, based on the informationprovided, the minor subject to the proceedings is currently award or a dependent in the receiving county, the sendingcounty may hold an immediate transfer-out hearing to transferthe case to the receiving county.2. On WIC §§ 725, 790 and wardship cases, the court may transferthe case after the court has issued 725, 790 or wardshipdisposition orders. The receiving county will honor the WIC §§725 and 790 case disposition. If WIC §§ 725 and 790 is not being2All further ‘Rule’ references are to the California Rules of Court.See WIC §§ 375, 750, and Rule 5.610(a), (b) and (c) regarding residency guidelines for intercounty transfer. Pursuant to WIC §§375 and 750, no case shall be transferred to the county of residence of an adult (including relatives) who has custody of the childeither on a voluntary basis or as a result of a court-ordered placement unless that person is a parent or legal guardian.4 WIC § 654 cases are not part of the protocol and generally should not be transferred. The case will remain in the county wherethe petition was filed since jurisdiction has not been established. If the 654 is unsuccessful, the case could proceed to trial in thecounty where the petition was filed.5 Rule 5.612(c) - The proceedings in the receiving court must commence at the same phase as when the case was transferred. Thecourt may continue the hearing for an investigation and report to a date not to exceed 10 court days if the child is in custody or 15court days if the child is not detained in custody.3Southern California Inter-county Juvenile T
Superior Court of California County of Los Angeles County of San Diego County of San Bernardino County of Riverside County of Imperial County of Orange Administrative Order re: Adoption of Southern California Inter-County Transfer Protocol PLEASE TAKE NOTICE: Pursuant to the mandate of sub
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