contact his/her child for a period of not less than six (6) months, the absence of the parent is likely to indicate that a resumption of the visits will be detrimental to the child. In such a situation, the following will apply:
1. If a parent requests a resumption of visitation in a pre-permanent plan case, and if the child welfare worker assigned to the case determines that a resumption of visitation would be detrimental to the child, the child welfare worker must inform the parent and his/her attorney of that in writing. The child welfare worker must, through counsel, file and serve a Declaration documenting the lack of contact between the parent and child as well as efforts that have been made by the child welfare worker to encourage visitation and contact. The child welfare worker must direct the parent to contact his/her attorney to initiate a visitation motion. If the parent is not represented, the child welfare worker must direct the parent to contact a HSA Court Officer for appointment of counsel. Where reasonable grounds exist, counsel for the parent may file a visitation motion to reinstate visitation.
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child welfare worker has denied further visitation because of a failure of the parent to visit or contact the child in six (6) months, the burden will be on the parent to file a motion for a resumption of visitation and to demonstrate that the visitation sought is in the best interests of the minor.
12.23 Detention Hearings: Location and Timing. Detentions begin at 9:00 a.m. in Department 406, Monday through Friday.
Every attorney representing a parent or guardian at a detention hearing must be present prior to 9:00 a.m. in order to meet and consult with her/his client. The Court will begin calling the calendar at 9:00 a.m. If the parent/guardian is not present by 9:00 a.m., the Court may proceed with a non-appearance detention.
12.24 When Denial Entered at Detention Hearing. Whenever possible, counsel should enter Denials on behalf of the client at the Detention Hearing.
If the parties enter a Denial at the detention hearing and waive time, the Court will set either a mediation or a Settlement Conference no later than five (5) weeks from the date of the detention hearing barring unusual circumstances, and order the mediation or Settlement Conference Report to be available to all counsel at least five (5) calendar days before the mediation or Settlement Conference date. The Court will order the parents/guardians and the child welfare worker to be present at the mediation or Settlement Conference. The Court will specifically inform the parents/guardians that a failure to appear may result in the Court proceeding in their absence and issuing orders against their interests.
12.25 When Time Not Waived at Detention Hearing. If time is not waived, the Court will immediately set the matter for trial.
12.26 First Appearance Hearings. All matters will be noticed for 9:00 a.m. Counsel are expected to be present prior to 9:00 a.m. to confer with their clients. The calendar will be called promptly at 9:00 a.m. in Department 406. A failure of a client to appear, in a timely manner, may result in orders against the client’s interests.
12.27 When Time Not Waived at First Appearance Hearing. If a party does not waive time, the matter will immediately be set for trial.
12.28 Settlement Conferences: Location, Timing and Participation of Child Welfare Worker. Settlement Conferences will be set for a time and department certain and all counsel and parties must be prompt. (Unless they have previously met, parents and counsel should arrive at least one-half hour before the time set for the settlement conference in order to review the report and confer.) No court-supervised, in-chambers Settlement Conference will be provided in a case where counsel does not consent to the presence of the child welfare worker.
12.29 Settlement Conferences and Mediations: Responsibility of Counsel and Child Welfare Worker. The child welfare worker will have been ordered to provide the Settlement Conference Report at least five (5) calendar days before the Settlement Conference or mediation
date. If the report is not filed five (5) days before the scheduled Settlement Conference or
mediation, the HSA Court Officer or City Attorney must explain the reason for the failure to file a timely report. The failure to file a timely report may result in the imposition of sanctions on the child welfare worker. It is the responsibility of counsel to pick up a copy of the Report and discuss it with the client before coming to the Settlement Conference or mediation.
12.30 Procedure After Settlement Conference. If a settlement is reached, it will be put on the record immediately. If a settlement cannot be reached, a trial date may be set, the matter may be ordered to mediation, or the matter may be continued for further settlement conference.
12.31 Setting Case for Trial. Any case that has not settled will be set for trial on a day and department certain. If the trial estimate exceeds one (1) full trial day or four (4) one-half trial days the case will be transferred to the Department of the Supervising Judge of the UFC for setting. When setting a case for trial, the Court will issue trial orders that conform to Appendix A attached hereto.
12.32 Request for Continuance. Any request for a continuance that is not based on an unanticipated emergency, must be made at the earliest time possible. Any request for a continuance must be accompanied by a written declaration setting forth good cause.
12.33 Direct Testimony By Offer of Proof. If stipulated to by all parties, direct testimony may proceed by offer of proof. An offer of proof is a succinct statement, given by counsel setting forth the testimony of a particular witness. Offers of proof are subject to the same evidentiary objections as live testimony and should be distinguished and presented separately from argument. If an offer of proof is made, the witness must be present to confirm the accuracy of the offer and be available for cross-examination.
12.34 Dependency Status Reviews: Responsibility of Counsel. Immediately upon receipt of a report for a Dependency Status Review, counsel should try to contact the client. If the client intends to appear and contest the recommendation, the attorney must notify all counsel and the HSA Court officers at least 24 hours before the scheduled hearing.
12.35 Dependency Status Reviews: Request for Settlement Conference or Mediation. When a settlement conference or mediation is requested, the matter will be continued for no more than two (2) weeks except under extraordinary circumstances.
12.36 Dependency Status Reviews: Procedure after Settlement Conference. If a settlement is reached, it will be put on the record immediately. If a settlement cannot be reached, a hearing date may be set, the matter may be ordered to mediation, or the matter may be continued for further settlement conference.
12.37 Ex parte Applications. Ex parteapplications are for emergencies only, when there is no time to proceed on a properly noticed motion due to a threat of irreparable harm. Before making an application, counsel must confer with all other attorneys to determine if the matter can be resolved by stipulation.
Effective: July 1, 1998; Revised: January 1, 2014 83
A. Types of Requests. Ex parte applications may be brought in an emergency situation