Rule 5.575. Joinder
(a) Basis for joinder (§§ 362, 727)
After a child has been adjudged a dependent child or a ward of the court, the court may join in the court proceedings any government agency or private service provider (as defined in § 362(e)) that the court determines has failed to meet a legal obligation to provide services to the child.
(Subd (a) amended effective January 1, 2007.)
On application by a party, counsel, or CASA volunteer, or on the court's own motion, the court may set a hearing and require notice to the agency or provider subject to joinder.
(1)Notice to the agency or provider must be given on Notice of Hearing on Joinder-Juvenile (form JV-540). The notice must state the allegations of the agency's or provider's failure to meet a legal obligation, as well as any questions the court wants the agency or provider to address.
(2)The hearing must be set to occur within 30 calendar days of the signing of the notice by the court.
(3)The clerk of the juvenile court must cause the notice to be served on the agency or provider and the persons prescribed by sections 291 and 658 either personally or by first-class mail within 5 days after the signing of the notice.
(4)The court may request, by using section 8 of form JV-540, that agency representatives before the hearing and that the agency submit a written response to the court. Any such response must be filed at least 5 court days before the hearing.
(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2006.)
(c) Conduct of hearing
The hearing must be conducted under rule 5.570(f) or (g). The court may not impose duties on a government agency or private service provider beyond those required by statute.
(Subd (c) amended effective January 1, 2007.)
Rule 5.575 amended and renumbered effective January 1, 2007; adopted as rule 1434 effective January 1, 2002; previously amended effective January 1, 2006.