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Proposed Amendments to Juvenile Delinquency Rules

The Juvenile Court Rules Committee invites comments on the proposed rule amendments of juvenile dependency rules anticipated to be included in a report to the Court. The full text of the proposals can be found below.

Interested persons have until May 1, 2020, to submit any comments, electronically, to Linda Berman, chair of the Juvenile Court Rules Committee Law Rules Committee, and Bar staff liaison Mikalla Davis.

Rule 8.060 (Discovery) 32-0-0 To the subdivision title in (d)(9), adds “of Sensitive Witnesses” for greater specification for the reader.

In subdivision (d)(9), rewrites the subdivision to match some of provisions of the criminal procedure rules regarding taking depositions of sensitive witness.

Rule 8.120 (Post-Disposition Hearing) 20-0-0 Adds a new subdivision (b)(5) to ensure the child is given proper notice for the violation of probation hearing and to prevent the court from holding a hearing on the same day the child is arraigned on the violation of probation.

Renumbers the remaining subdivision.

Form 8.933 (Waiver of Counsel) 33-0-0 In the second number paragraph in the form, replaces the period with a semicolon for grammar.

Adds a new third number paragraph to match previous amendments made to Rule 8.65.

In the last paragraph before the child’s signature, adds “and after the opportunity to confer with a lawyer,” and replaces “understandingly” with “voluntarily” for greater clarity for the reader.

Deletes several portions of the form including the requirement that witness would sign the form, the statement of responsible adult, and the order assessing attorney’s fee as the portion of the form was not necessary.

Adds a new section of the form for the attorney to sign regarding their explanation to the child.

Full-Text of the Proposal

Rules for Various Delinquency Rule Report