Cal. R. 7.2210

As amended through September 20, 2024

Rule 7.2210 - General provisions

(a) Local rules

A superior court may, subject to the limits in the CARE Act and these rules, adopt local rules to govern CARE Act proceedings.

(b) Access to records (§ 5977.4(a))

All documents filed and all evaluations, reports, and other documents submitted to the court in CARE Act proceedings are confidential, notwithstanding disclosure of their contents during a CARE Act hearing. No person other than the respondent, the respondent's counsel, the county behavioral health director or the director's designee, counsel for the director or the director's designee, and, with the respondent's express consent given in writing or orally in court, the respondent's supporter may inspect or copy the case records without a court order.

(Subd (b) amended effective September 1, 2024.)

(c)Sealing of records (§ 5976.5(e))

(1) A motion to seal records under section 5976.5(e) must specify the records to which it applies.

(2) The respondent must serve the motion to seal on the other parties not later than the close of the next court day after the motion is filed.

(3) Any opposition to the motion must be filed within 10 court days of the date of service in (2).

(4) The extensions of time in Code of Civil Procedure sections 1010.6 and 1013 apply to motions under section 5976.5(e).

(5) The court may grant the motion without a hearing or, if timely opposition is filed, set a hearing on the motion, and provide at least five court days' notice to all parties.

(6) Order

(A) If the court grants the motion and the sealed record is in paper format, the clerk must place on the envelope or container of the record a label prominently stating "SEALED BY ORDER OF THE COURT ON (DATE)." If the sealed record is in electronic form, the clerk must file the court's order, maintain the record ordered sealed in a secure manner, and clearly identify the record as sealed by court order on a specified date.

(B) The order must state whether any person other than the court is authorized to inspect the sealed record.

(7) Rules 2.550 and 2.551 do not apply to motions to seal records under section 5976.5(e).

(Subd (c) adopted effective September 1, 2024.)

(d)Respondent within juvenile court jurisdiction (§ 5977.4(c))

(1) Informing the juvenile court

Upon learning that a respondent is within a juvenile court's dependency, delinquency, or transition jurisdiction, the CARE Act court must inform the juvenile court that a CARE Act petition has been filed on behalf of that respondent. The court may communicate this information in any suitable manner.

(2) Concurrent jurisdiction with juvenile court

The CARE Act court is not precluded by statute from exercising jurisdiction over a respondent who is within a juvenile court's dependency, delinquency, or transition jurisdiction. The CARE Act court and the juvenile court may, therefore, exercise concurrent jurisdiction over such a respondent.

(Subd (d) adopted effective September 1, 2024.)

(e)Notification of respondent's attorney in related proceedings (§ 5977.4(c))

If the CARE Act court learns that the respondent has been referred from a proceeding identified in section 5978 or that the respondent is within a juvenile court's dependency, delinquency, or transition jurisdiction, the court must order the county agency to:

(1) Notify the respondent's attorney, if any, in the related case that a CARE Act petition has been filed on behalf of the respondent; and

(2) Provide the attorney with the contact information of the respondent's CARE Act attorney, if known.

(Subd (e) adopted effective September 1, 2024.)

(f)No communication of further information (§ 5976.5)

Subdivisions (d) and (e) of this rule do not authorize the communication of information other than that identified in those subdivisions absent an express waiver by the respondent.

(Subd (f) adopted effective September 1, 2024.)

Cal. R. Ct. 7.2210

Subd (f) adopted effective 9/1/2024; Rule 7.2210adopted effective 9/1/2023.

Advisory Committee Comment

Subdivisions (d) and (e). As used in these subdivisions, the phrase "within a juvenile court's dependency, delinquency, or transition jurisdiction" refers to a respondent whom a juvenile court has found to be described by Welfare and Institutions Code section 300, 450, 601, or 602 and who is currently within the juvenile court's jurisdiction based on one of those descriptions. The term does not refer to any other party to a juvenile court proceeding.

Subdivision (d)(2). The subdivision is intended to describe the effect of existing law. Neither the juvenile court law (Welf. & Inst. Code, §§ 200-987) nor the CARE Act precludes concurrent jurisdiction or, conversely, confers exclusive jurisdiction on either court over matters relating to the mental health treatment of persons who meet the statutory jurisdictional criteria of both.