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2019 California Rules of Court

Rule 5.523. Electronic service (§ 212.5)

(a) Electronic service-General provisions

(1)Electronic service is authorized only if the court and county agencies required to serve in juvenile court permit electronic service.

(2)Unless otherwise provided by law, a document in a juvenile court matter may be served electronically as prescribed by Code of Civil Procedure section 1010.6 and in accordance Welfare and Institutions Code section 212.5.

(3)If the noticing entity knows or should know that a child or nonminor who has consented to electronic service is in custody at the time that a notice will issue, the entity must also provide service of the notice by first-class mail.

(b) Consent to electronic service by a child, age 10 to 15

Electronic service is permitted on a child who is 10 to 15 years of age only upon express consent of the child and the child's attorney by completing the appropriate Judicial Council form.

(c) Consent to electronic service by a child, age 16 or 17

Electronic service is permitted on a child who is 16 or 17 years of age only if the child, after consultation with his or her attorney, expressly consents by completing the appropriate Judicial Council form.

(d) Required consultation with attorney for child, age 16 or 17

In a consultation with a child who is 16 or 17 years old and who seeks to consent to electronic service in a juvenile matter, the child's attorney must discuss and encourage the child to consider the following:

(1)Whether the child has regular and reliable access to a means of electronic communication for purposes of communication regarding his or her case;

(2)The importance of maintaining confidentiality and what means of electronic communication the child intends to use to communicate about his or her case and whether it is private and secure; and

(3)Whether the child understands his or her rights with respect to the provision and withdrawal of consent to electronic service.

(e) Required notification to child, age 16 or 17

In addition to the required factors for consideration in consultation described in (d), the child's attorney must also notify the child who seeks to provide consent to electronic service of the following:

(1)Electronic service of medical or psychological documentation related to a child is prohibited, with the exception of the summary required under Welfare and Institutions Code section 16010 when included as part of a required report to the court.

(2)Electronic service on a party or other person is permitted only if the party or other person has expressly consented, as provided in Code of Civil Procedure section 1010.6.

(3)A party or other person may subsequently withdraw his or her consent to electronic service by completing the appropriate Judicial Council form.

Rule 5.523 adopted effective January 1, 2019.

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