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Sean R. Laird (SBN 214916)
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The Law Firm of Sean R. Laird
2 805 16th Street 11/24/2020
Sacramento, CA 95814
3 (916) 441-1636
4 (916) 760-9002
seanlairdlaw@gmail.com
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6 Attorneys for Plaintiffs
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8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
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PATSY NEWTON, individually; HAROLD Case No. 20CV01091
11 NEWTON; individually; SUZANNE BOLEN,
individually. DECLARATION OF SEAN R. LAIRD
12 IN SUPPORT OF PLAINTIFFS’
Plaintiffs, OPPOSITION TO DEFENDANT
13 ENLOE MEDICAL CENTER’S
14 vs. MOTION TO RECONSIDER OF
RULING ON MOTION TO
15 CONTINUE PREFERENTIALLY SET
ENLOE MEDICAL CENTER; and DOES 1 - JURY TRIAL.
16 50, inclusive,
17 Defendants,
DATE: December 2, 2020
18 TIME: 9:00 a.m.
DEPT: 1
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Hon. Tamara L. Mosbarger
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Complaint Filed: 5/29/2020
23 Trial Date: 12/14/2020
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DECLARATION OF SEAN R. LAIRD IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT ENLOE MEDICAL
CENTER’S MOTION TO RECONSIDER RULING ON MOTION TO CONTINUE PREFERENTIALLY SET TRIAL DATE.
1 I, SEAN R. LAIRD, declare as follows:
2 1. I am an attorney at law, duly licensed to practice in the courts of the state of
3 California. I am the attorney of record for plaintiff Patsy Newton. Except where I have stated
4 otherwise, I have personal knowledge of the facts stated herein and if called as a witness I could
5 testify competently as to the matters on which I declare.
6 2. On August 12, 2020 this Court granted Plaintiff’s motion for preference. Once the
7 Court enters its order and sets the matter for trial, the statute does not allow for a continuance of
8 more than 15 days.
9 3. The potential prejudice to Ms. Newton should her case be continued weeks or
10 months into the future for seemingly unknown reasons as stated thus far by defendant could be
11 catastrophic. The calendar preference established by CCP § 36, was enacted for the purpose of
12 assuring that an aged or terminally ill plaintiff will be able to participate in the trial of his or her
13 case and be able to realize redress on the claim asserted. The preference is not only necessary to
14 assure a party’s peace of mind that he or she will live to see a particular dispute brought to
15 resolution, but it can also have substantive consequences. The party’s presence and ability to testify
16 in person and/or assist counsel may be critical to success. Also, the nature of the ultimate recovery
17 can be adversely affected by plaintiff’s death prior to judgment; for example, CCP § 377.34, limits
18 the damages recoverable by a decedent’s personal representative or successor in interest on the
19 decedent’s cause of action. Looney v. Superior Court (1993), 16 Cal. App. 4th 521. Comparatively,
20 the compensatory damages in elder-abuse cases when a client is living are not subject to the
21 restrictions of the Medical Injury Compensation Reform Act (“MICRA.”) Thus, a defendant in an
22 elder abuse case has every reason to “wait-out” a plaintiff and hope she dies.
23 4. The “potential concerns” that defendants express in their moving papers are
24 concerns that arise in every trial, whether in-person or remote. In the 70-plus jury trials I have
25 conducted in-person, jurors have fallen asleep (albeit not during my presentation of the case),
26 witnesses or parties have had interactions in the hallway with jurors (as opposed to virtual break-
27 out rooms) and jurors have had to be dismissed due to sickness, family issues, being late and the
28 like. These are issues that arise in many, many cases. They are not reasons to indefinitely continue
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DECLARATION OF SEAN R. LAIRD IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT ENLOE MEDICAL
CENTER’S MOTION TO RECONSIDER RULING ON MOTION TO CONTINUE PREFERENTIALLY SET TRIAL DATE.
1 a preferentially set case and pre-emptive concerns or objects about the possibility of those things
2 happening do not amount to good cause.
3 5. Moreover, Judicial Council has authorized the use of remote technology. On March
4 23, 2020 Justice Tani G. Cantil-Sakauye issued the Statewide Order in response to the pandemic.
5 (See Exhibit 1). Attached hereto as Exhibit 1 is a true and accurate copy of the March 23, 2020
6 Statewide Order.
7 6. The Judicial Council issued Appendix I, Emergency Rules Related to COVID-10 to
8 the March 23, 2020 Order on April 20. Emergency Rule 3 gives trial courts broad powers to
9 conduct remote appearances. “Notwithstanding any other law… Courts may require that judicial
10 proceedings and court operations be conducted remotely.” (See Exhibit 2.) Attached hereto as
11 Exhibit 2 is a true and accurate copy of the April 20, 2020 Appendix I.
12 I declare under penalty of perjury under the laws of the state of California and of my own
13 personal knowledge that the foregoing is true and correct and that if called upon, I could and
14 would testify thereto.
15 Executed in Sacramento, California, on Tuesday, November 24, 2020.
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______________________________
18 Sean R. Laird
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DECLARATION OF SEAN R. LAIRD IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT ENLOE MEDICAL
CENTER’S MOTION TO RECONSIDER RULING ON MOTION TO CONTINUE PREFERENTIALLY SET TRIAL DATE.
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EXHIBIT 1
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DECLARATION OF SEAN R. LAIRD IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT ENLOE MEDICAL
CENTER’S MOTION TO RECONSIDER RULING ON MOTION TO CONTINUE PREFERENTIALLY SET TRIAL DATE.
JUDICIAL COUNCIL OF CALIFORNIA
STATEWIDE ORDER BY HON. TANI G. CANTIL-SAKAUYE,
CHIEF JUSTICE OF CALIFORNIA AND CHAIR OF THE JUDICIAL COUNCIL
MARCH 23, 2020
The World Health Organization, the United States Centers for Disease Control and
Prevention (CDC), and the State of California have recognized that the world, country,
and state face a life-threatening pandemic caused by the COVID-19 virus. As of March
23, 2020, the CDC reported that there are more than 40,000 confirmed COVID-19 cases
in the United States, and more than 500 deaths. In California, the Department of Public
Health reports more than 1,700 confirmed cases and more than 30 deaths. Health
officials expect these figures to rise dramatically unless the population adheres to shelter-
in-place guidelines and appropriate social distancing. As of this date, there is no known
cure or vaccination.
In response to the spread of COVID-19, Governor Newsom on March 4, 2020, declared a
state of emergency in California, which was followed on March 13, 2020, by President
Trump declaring a national emergency. Beginning on March 16, 2020, California
counties began issuing shelter-in-place or stay-at-home orders. On March 19, 2020,
Governor Newsom issued Executive Order N-33-20, requiring all Californians to stay
home, subject to certain limited exemptions. Courts are included in this exemption.
Schools have been closed statewide.
The CDC, the California Department of Public Health, and local county health departments
have recommended increasingly stringent social distancing measures of at least six feet
between people, and encouraged vulnerable individuals to avoid public spaces.
Courts cannot comply with these health restrictions and continue to operate as they have
in the past. Court proceedings require gatherings of court staff, litigants, attorneys,
witnesses, and juries, well in excess of the numbers allowed for gathering under current
executive and health orders. Many court facilities in California are ill-equipped to
effectively allow the social distancing and other public health requirements required
to protect people involved in court proceedings and prevent the further spread of
COVID-19. Even if court facilities could allow for sufficient social distancing, the
closure of schools means that many court employees, litigants, witnesses, and potential
jurors cannot leave their homes to attend court proceedings because they must stay home
to supervise their children. These restrictions have also made it nearly impossible for
courts to assemble juries.
Pursuant to my authority under the California Constitution, article VI, section 6 and
Government Code section 68115, and after careful consideration, balancing the
constitutional due process rights of parties in both criminal and civil proceedings with
the health and safety of these parties, the public, court staff, judicial officers, attorneys,
witnesses, jurors, and others present at these proceedings, among other considerations,
I find good cause to order that:
1. All jury trials are suspended and continued for a period of sixty (60) days from the
date of this order. Courts may conduct such a trial at an earlier date, upon a finding of
good cause shown or through the use of remote technology, when appropriate.
2. The time period provided in Penal Code section 1382 for the holding of a criminal
trial is extended for a period of sixty (60) days from the date of this order. Courts
may conduct such a trial at an earlier date, upon a finding of good cause shown or
through the use of remote technology, when appropriate.
3. The time period provided in Code of Civil Procedure sections 583.310 and 583.320
for the holding of a civil trial is extended for a period of sixty (60) days from the date
of this order. Courts may conduct such a trial at an earlier date, upon a finding of
good cause shown or through the use of remote technology, when appropriate.
4. All superior courts are authorized under rule 10.613(i) of the California Rules of
Court to adopt any proposed rules or rule amendment that is intended to address the
impact of the COVID-19 pandemic to take effect immediately, without advance
circulation for 45 days of public comment. A court adopting any such rule change
must provide a copy to Judicial Council staff and post notice of the change
prominently on the court’s website, along with the effective date of the new or
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amended rule. Additionally, the court must immediately distribute the new or
amended rule as set forth in rule 10.613(g)(2). No litigant’s substantive rights shall be
prejudiced for failing to comply with the requirements of a new or amended rule until
at least 20 days after the rule change has been distributed.
Courts are urged to timely communicate with attorneys and self-represented litigants
regarding the status of pending proceedings.
I reserve the authority to rescind or modify this order, as appropriate, to address changing
circumstances. This order may be deemed part of the record in affected cases for
purposes of appeal without the need to file the order in each case.
Date: March 23, 2020
____________________________
Hon. Tani G. Cantil-Sakauye
Chief Justice of California and
Chair of the Judicial Council
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DECLARATION OF SEAN R. LAIRD IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT ENLOE MEDICAL
CENTER’S MOTION TO RECONSIDER RULING ON MOTION TO CONTINUE PREFERENTIALLY SET TRIAL DATE.
1 Appendix I
2 Emergency Rules Related to COVID-19
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5 Emergency rule 1. Unlawful detainers
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7 (a) Application
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9 Notwithstanding any other law, including Code of Civil Procedure sections 1166,
10 1167, 1169, and 1170.5, this rule applies to all actions for unlawful detainer.
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12 (b) Issuance of summons
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14 A court may not issue a summons on a complaint for unlawful detainer unless the
15 court finds, in its discretion and on the record, that the action is necessary to protect
16 public health and safety.
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18 (c) Entry of default
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20 A court may not enter a default or a default judgment for restitution in an unlawful
21 detainer action for failure of defendant to appear unless the court finds both of the
22 following:
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24 (1) The action is necessary to protect public health and safety; and
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26 (2) The defendant has not appeared in the action within the time provided by
27 law, including by any applicable executive order.
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29 (d) Time for trial
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31 If a defendant has appeared in the action, the court may not set a trial date earlier
32 than 60 days after a request for trial is made unless the court finds that an earlier
33 trial date is necessary to protect public health and safety. Any trial set in an
34 unlawful detainer proceeding as of April 6, 2020 must be continued at least 60 days
35 from the initial date of trial.
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37 (e) Sunset of rule
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39 This rule will remain in effect until 90 days after the Governor declares that the
40 state of emergency related to the COVID-19 pandemic is lifted, or until amended or
41 repealed by the Judicial Council.
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1 Emergency rule 2. Judicial foreclosures—suspension of actions
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3 Notwithstanding any other law, this rule applies to any action for foreclosure on a
4 mortgage or deed of trust brought under chapter 1, title 10, of part 2 of the Code of Civil
5 Procedure, beginning at section 725a, including any action for a deficiency judgment, and
6 provides that, until 90 days after the Governor declares that the state of emergency
7 related to the COVID-19 pandemic is lifted, or until this rule is amended or repealed by
8 the Judicial Council:
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10 (1) All such actions are stayed, and the court may take no action and issue no
11 decisions or judgments unless the court finds that action is required to further the
12 public health and safety.
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14 (2) Any statute of limitations for filing such an action is tolled.
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16 (3) The period for electing or exercising any rights under that chapter, including
17 exercising any right of redemption from a foreclosure sale or petitioning the court
18 in relation to such a right, is extended.
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21 Emergency rule 3. Use of technology for remote appearances
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23 (a) Remote appearances
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25 Notwithstanding any other law, in order to protect the health and safety of the public,
26 including court users, both in custody and out of custody defendants, witnesses, court
27 personnel, judicial officers, and others, courts must conduct judicial proceedings and
28 court operations as follows:
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30 (1) Courts may require that judicial proceedings and court operations be
31 conducted remotely.
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33 (2) In criminal proceedings, courts must receive the consent of the defendant to
34 conduct the proceeding remotely and otherwise comply with emergency rule
35 5. Notwithstanding Penal Code sections 865 and 977 or any other law, the
36 court may conduct any criminal proceeding remotely. As used in this rule,
37 “consent of the defendant” means that the consent of the defendant is
38 required only for the waiver of the defendant’s appearance as provided in
39 emergency rule 5. For good cause shown, the court may require any witness
40 to personally appear in a particular proceeding.
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42 (3) Conducting proceedings remotely includes, but is not limited to, the use of
43 video, audio, and telephonic means for remote appearances; the electronic
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1 exchange and authentication of documentary evidence; e-filing and e-service;
2 the use of remote interpreting; and the use of remote reporting and electronic
3 recording to make the official record of an action or proceeding.
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5 (b) Sunset of rule
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7 This rule will remain in effect until 90 days after the Governor declares that the
8 state of emergency related to the COVID-19 pandemic is lifted, or until amended or
9 repealed by the Judicial Council.
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11 Emergency rule 4. Emergency Bail Schedule [Repealed]
12 Emergency rule 4 repealed effective June 20, 2020.
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14 Emergency rule 5. Personal appearance waivers of defendants during health
15 emergency
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17 (a) Application
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19 Notwithstanding any other law, including Penal Code sections 865 and 977, this
20 rule applies to all criminal proceedings except cases alleging murder with special
21 circumstances and cases in which the defendant is currently incarcerated in state
22 prison, as governed by Penal Code section 977.2.
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24 (b) Types of personal appearance waivers
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26 (1) With the consent of the defendant, the court must allow a defendant to waive
27 his or her personal appearance and to appear remotely, either through video
28 or telephonic appearance, when the technology is available.
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30 (2) With the consent of the defendant, the court must allow a defendant to waive
31 his or her appearance and permit counsel to appear on his or her behalf. The
32 court must accept a defendant’s waiver of appearance or personal appearance
33 when:
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35 (A) Counsel for the defendant makes an on the record oral representation
36 that counsel has fully discussed the waiver and its implications with the
37 defendant and the defendant has authorized counsel to proceed as
38 counsel represents to the court;
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40 (B) Electronic communication from the defendant as confirmed by
41 defendant’s counsel; or
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43 (C) Any other means that ensures the validity of the defendant’s waiver.
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2 (c) Consent by the defendant
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4 (1) For purposes of arraignment and entry of a not guilty plea, consent means a
5 knowing, intelligent, and voluntary waiver of the right to appear personally in
6 court. Counsel for the defendant must state on the record at each applicable
7 hearing that counsel is proceeding with the defendant’s consent.
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9 (2) For purposes of waiving time for a preliminary hearing, consent also means a
10 knowing, intelligent, and voluntary waiver of the right to hold a preliminary
11 hearing within required time limits specified either in Penal Code section
12 859b or under emergency orders issued by the Chief Justice and Chair of the
13 Judicial Council.
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15 (3) The court must accept defense counsel’s representation that the defendant
16 understands and agrees with waiving any right to appear unless the court has
17 specific concerns in a particular matter about the validity of the waiver.
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19 (d) Appearance through counsel
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21 (1) When counsel appears on behalf of a defendant, courts must allow counsel to
22 do any of the following:
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24 (A) Waive reading and advisement of rights for arraignment.
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26 (B) Enter a plea of not guilty.
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28 (C) Waive time for the preliminary hearing.
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30 (2) For appearances by counsel, including where the defendant is either
31 appearing remotely or has waived his or her appearance and or counsel is
32 appearing by remote access, counsel must confirm to the court at each
33 hearing that the appearance by counsel is made with the consent of the
34 defendant.
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36 (e) Conduct of remote hearings
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38 (1) With the defendant’s consent, a defendant may appear remotely for any
39 pretrial criminal proceeding.
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41 (2) Where a defendant appears remotely, counsel may not be required to be
42 personally present with the defendant for any portion of the criminal
43 proceeding provided that the audio and/or video conferencing system or other
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1 technology allows for private communication between the defendant and his
2 or her counsel. Any private communication is confidential and privileged
3 under Evidence Code section 952.
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5 (f) Sunset of rule
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7 This rule will remain in effect until 90 days after the Governor declares that the
8 state of emergency related to the COVID-19 pandemic is lifted, or until amended or
9 repealed by the Judicial Council.
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12 Emergency rule 6. Emergency orders: juvenile dependency proceedings
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14 (a) Application
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16 This rule applies to all juvenile dependency proceedings filed or pending until the
17 state of emergency related to the COVID-19 pandemic is lifted.
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19 (b) Essential hearings and orders
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21 The following matters should be prioritized in accordance with existing statutory
22 time requirements.
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24 (1) Protective custody warrants filed under Welfare and Institutions Code section
25 340.
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27 (2) Detention hearings under Welfare and Institutions Code section 319. The
28 court is required to determine if it is contrary to the child’s welfare to remain
29 with the parent, whether reasonable efforts were made to prevent removal,
30 and whether to vest the placing agency with temporary placement and care.
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32 (3) Psychotropic medication applications.
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34 (4) Emergency medical requests.
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36 (5) A petition for reentry of a nonminor dependent.
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38 (6) Welfare and Institutions Code section 388 petitions that require an immediate
39 response based on the health and safety of the child, which should be
40 reviewed for a prima facie showing of change of circumstances sufficient to
41 grant the petition or to set a hearing. The court may extend the final ruling on
42 the petition beyond 30 days.
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1 (c) Foster care hearings and continuances during the state of emergency
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3 (1) A court may hold any proceeding under this rule via remote technology
4 consistent with rule 5.531 and emergency rule 3.
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6 (2) At the beginning of any hearing at which one or more participants appears
7 remotely, the court must admonish all the participants that the proceeding is
8 confidential and of the possible sanctions for violating confidentiality.
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10 (3) The child welfare agency is responsible for notice of remote hearings unless
11 other arrangements have been made with counsel for parents and children.
12 Notice is required for all parties and may include notice by telephone or other
13 electronic means. The notice must also include instructions on how to
14 participate in the court hearing remotely.
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16 (4) Court reports
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18 (A) Attorneys for parents and children must accept service of the court
19 report electronically.
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21 (B) The child welfare agency must ensure that the parent and the child
22 receive a copy of the court report on time.
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24 (C) If a parent or child cannot receive the report electronically, the child
25 welfare agency must deliver a hard copy of the report to the parent and
26 the child on time.
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28 (5) Nothing in this subdivision prohibits the court from making statutorily
29 required findings and orders, by minute order only and without a court
30 reporter, by accepting written stipulations from counsel when appearances
31 are waived if the stipulations are confirmed on the applicable Judicial
32 Council forms or equivalent local court forms.
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34 (6) If a court hearing cannot occur either in the courthouse or remotely, the
35 hearing may be continued up to 60 days, except as otherwise specified.
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37 (A) A dispositional hearing under Welfare and Institutions Code section
38 360 should not be continued more than 6 months after the detention
39 hearing without review of the child’s circumstances. In determining
40 exceptional circumstances that justify holding the dispositional hearing
41 more than 6 months after the child was taken into protective custody,
42 the impact of the state of emergency related to the COVID-19
43 pandemic must be considered.
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2 i. If the dispositional hearing is continued more than 6 months after
3 the start date of protective custody, a review of the child must be
4 held at the 6-month date. At the review, the court must determine
5 the continued necessity for and appropriateness of the placement;
6 the extent of compliance with the case plan or available services
7 that have been offered; the extent of progress which has been
8 made toward alleviating or mitigating the causes necessitating
9 placement; and the projected likely date by which the child may
10 return home or placed permanently.
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12 ii. The court may continue the matter for a full hearing on all
13 dispositional findings and orders.
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15 (B) A judicial determination of reasonable efforts must be made within 12
16 months of the date a child enters foster care to maintain a child’s
17 federal title IV-E availability. If a permanency hearing is continued
18 beyond the 12-month date, the court must review the case to determine
19 if the agency has made reasonable efforts to return the child home or
20 arrange for the child to be placed permanently. This finding can be
21 made without prejudice and may be reconsidered at a full hearing.
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23 (7) During the state of emergency related to the COVID-19 pandemic, previously
24 authorized visitation must continue, but the child welfare agency is to
25 determine the manner of visitation to ensure that the needs of the family are
26 met. If the child welfare agency changes the manner of visitation for a child
27 and a parent or legal guardian in reunification, or for the child and a
28 sibling(s), or a hearing is pending under Welfare and Institutions Code
29 section 366.26, the child welfare agency must notify the attorneys for the
30 children and parents within 5 court days of the change. All changes in
31 manner of visitation during this time period must be made on a case by case
32 basis, balance the public health directives and best interest of the child, and
33 take into consideration whether in-person visitation may continue to be held
34 safely. Family time is important for child and parent well-being, as well as
35 for efforts toward reunification. Family time is especially important during
36 times of crisis. Visitation may only be suspended if a detriment finding is
37 made in a particular case based on the facts unique to that case. A detriment
38 finding must not be based solely on the existence of the impact of the state of
39 emergency related to the COVID-19 pandemic or related public health
40 directives.
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42 (A) The attorney for the child or parent may ask the juvenile court to
43 review the change in manner of visitation. The child or parent has the
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1 burden of showing that the change is not in the best interest of the child
2 or is not based on current public health directives.
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4 (B) A request for the court to review the change in visitation during this
5 time period must be made within 14 court days of the change. In
6 reviewing the change in visitation, the court should take into
7 consideration the factors in (c)(7).
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9 (d) Sunset of rule
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11 This rule will remain in effect until 90 days after the Governor declares that the
12 state of emergency related to the COVID-19 pandemic is lifted, or until amended or
13 repealed by the Judicial Council.
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15 Advisory Committee Comment
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17 When courts are unable to hold regular proceedings because of an emergency that has resulted in
18 an order as authorized under Government Code section 68115, federal timelines do not stop.
19 Circumstances may arise where reunification services to the parent, including visitation, may not
20 occur or be provided. The court must consider the circumstances of the emergency when deciding
21 whether to extend or terminate reunification services and whether services were reasonable given
22 the state of the emergency. (Citations: 42 U.S.C. § 672(a)(1)–(2), (5); 45 CFR § 1355.20; 45 CFR
23 § 1356.21 (b) – (d); 45 C.F.R. § 1356.71(d)(1)(iii); Child Welfare Policy Manual, 8.3A.9 Title
24 IV-E, Foster Care Maintenance Payments Program, Reasonable efforts, Question 2
25 (www.acf.hhs.gov/cwpm/public_html/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citI
26 D=92)]); Letter dated March 27, 2020, from Jerry Milner, Associate Commissioner, Children’s
27 Bureau, Administration for Children and Families, U.S. Department of Health and Human
28 Services.)
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31 Emergency rule 7. Emergency orders: juvenile delinquency proceedings
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33 (a) Application
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35 This rule applies to all proceedings in which a petition has been filed under Welfare
36 and Institutions Code section 602 in which a hearing would be statutorily required
37 during the state of emergency related to the COVID-19 pandemic.
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39 (b) Juvenile delinquency hearings and orders during the state of emergency
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41 (1) A hearing on a petition for a child who is in custody under Welfare and
42 Institutions Code section 632 or 636 must be held within the statutory
43 timeframes as modified by an order of the court authorized by Government
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1 Code section 68115. The court must determine if it is contrary to the welfare
2 of the child to remain in the home, whether reasonable services to prevent
3 removal occurred, and whether to place temporary placement with the
4 probation agency if the court will be keeping the child detained and out of the
5 home.
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7 (2) If a child is detained in custody and an in-person appearance is not feasible
8 due to the state of emergency, courts must make reasonable efforts to hold
9 any statutorily required hearing for that case via remote appearance within
10 the required statutory time frame and as modified by an order of the court
11 authorized under Government Code section 68115 for that proceeding. If a
12 remote proceeding is not a feasible option for such a case during the state of
13 emergency, the court may continue the case as provided in (d) for the
14 minimum period of time necessary to hold the proceedings.
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16 (3) Without regard to the custodial status of the child, the following hearings
17 should be prioritized during the state of emergency related to the COVID-19
18 pandemic:
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20 (A) Psychotropic medication applications.
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22 (B) All emergency medical requests.
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24 (C) A petition for reentry of a nonminor dependent.
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26 (D) A hearing on any request for a warrant for a child.
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28 (E) A probable cause determination for a child who has been detained but
29 has not had a detention hearing within the statutory time limits.
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31 (4) Notwithstanding any other law, and except as described in (5), during the
32 state of emergency related to the COVID-19 pandemic, the court may
33 continue for good cause any hearing for a child not detained in custody who
34 is subject to its juvenile delinquency jurisdiction until a date after the state of
35 emergency has been lifted considering the priority for continued hearings in
36 (d).
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38 (5) For children placed in foster care under probation supervision, a judicial
39 determination of reasonable efforts must be made within 12 months of the
40 date the child enters foster care to maintain a child’s federal title IV-E
41 availability. If a permanency hearing is continued beyond the 12-month date,
42 the court must nevertheless hold a review to determine if the agency has
43 made reasonable efforts to return the child home or place the child
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1 permanently. This finding can be made without prejudice and may be
2 reconsidered at a full hearing.
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4 (c) Proceedings with remote appearances during the state of emergency.
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6 (1) A court may hold any proceeding under this rule via remote technology
7 consistent with rule 5.531 and emergency rule 3.
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9 (2) At the beginning of any hearing conducted with one or more participants
10 appearing remotely, the cou
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Sean R. Laird (SBN 214916) 1 The Law Firm of Sean R. Laird 2 805 16th Street 11/24/2020 Sacramento, CA 95814 3 (916) 441-1636 4 (916) 760-9002 seanlairdlaw@gmail.com 5 6 Attorneys for Plaintiffs 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 9 10 PATSY NEWTON, individually; HAROLD Case No. 20CV01091 11 NEWTON; individually; SUZANNE BOLEN, individually. DECLARATION OF SEAN R. LAIRD 12 IN SUPPORT OF PLAINTIFFS’ Plaintiffs, OPPOSITION TO DEFENDANT 13 ENLOE MEDICAL CENTER’S 14 vs. MOTION TO RECONSIDER OF RULING ON MOTION TO 15 CONTINUE PREFERENTIALLY SET ENLOE MEDICAL CENTER; and DOES 1 - JURY TRIAL. 16 50, inclusive, 17 Defendants, DATE: December 2, 2020 18 TIME: 9:00 a.m. DEPT: 1 19 Hon. Tamara L. Mosbarger 20 21 22 Complaint Filed: 5/29/2020 23 Trial Date: 12/14/2020 24 25 26 27 28 - 1! - DECLARATION OF SEAN R. LAIRD IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT ENLOE MEDICAL CENTER’S MOTION TO RECONSIDER RULING ON MOTION TO CONTINUE PREFERENTIALLY SET TRIAL DATE. 1 I, SEAN R. LAIRD, declare as follows: 2 1. I am an attorney at law, duly licensed to practice in the courts of the state of 3 California. I am the attorney of record for plaintiff Patsy Newton. Except where I have stated 4 otherwise, I have personal knowledge of the facts stated herein and if called as a witness I could 5 testify competently as to the matters on which I declare. 6 2. On August 12, 2020 this Court granted Plaintiff’s motion for preference. Once the 7 Court enters its order and sets the matter for trial, the statute does not allow for a continuance of 8 more than 15 days. 9 3. The potential prejudice to Ms. Newton should her case be continued weeks or 10 months into the future for seemingly unknown reasons as stated thus far by defendant could be 11 catastrophic. The calendar preference established by CCP § 36, was enacted for the purpose of 12 assuring that an aged or terminally ill plaintiff will be able to participate in the trial of his or her 13 case and be able to realize redress on the claim asserted. The preference is not only necessary to 14 assure a party’s peace of mind that he or she will live to see a particular dispute brought to 15 resolution, but it can also have substantive consequences. The party’s presence and ability to testify 16 in person and/or assist counsel may be critical to success. Also, the nature of the ultimate recovery 17 can be adversely affected by plaintiff’s death prior to judgment; for example, CCP § 377.34, limits 18 the damages recoverable by a decedent’s personal representative or successor in interest on the 19 decedent’s cause of action. Looney v. Superior Court (1993), 16 Cal. App. 4th 521. Comparatively, 20 the compensatory damages in elder-abuse cases when a client is living are not subject to the 21 restrictions of the Medical Injury Compensation Reform Act (“MICRA.”) Thus, a defendant in an 22 elder abuse case has every reason to “wait-out” a plaintiff and hope she dies. 23 4. The “potential concerns” that defendants express in their moving papers are 24 concerns that arise in every trial, whether in-person or remote. In the 70-plus jury trials I have 25 conducted in-person, jurors have fallen asleep (albeit not during my presentation of the case), 26 witnesses or parties have had interactions in the hallway with jurors (as opposed to virtual break- 27 out rooms) and jurors have had to be dismissed due to sickness, family issues, being late and the 28 like. These are issues that arise in many, many cases. They are not reasons to indefinitely continue - 2! - DECLARATION OF SEAN R. LAIRD IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT ENLOE MEDICAL CENTER’S MOTION TO RECONSIDER RULING ON MOTION TO CONTINUE PREFERENTIALLY SET TRIAL DATE. 1 a preferentially set case and pre-emptive concerns or objects about the possibility of those things 2 happening do not amount to good cause. 3 5. Moreover, Judicial Council has authorized the use of remote technology. On March 4 23, 2020 Justice Tani G. Cantil-Sakauye issued the Statewide Order in response to the pandemic. 5 (See Exhibit 1). Attached hereto as Exhibit 1 is a true and accurate copy of the March 23, 2020 6 Statewide Order. 7 6. The Judicial Council issued Appendix I, Emergency Rules Related to COVID-10 to 8 the March 23, 2020 Order on April 20. Emergency Rule 3 gives trial courts broad powers to 9 conduct remote appearances. “Notwithstanding any other law… Courts may require that judicial 10 proceedings and court operations be conducted remotely.” (See Exhibit 2.) Attached hereto as 11 Exhibit 2 is a true and accurate copy of the April 20, 2020 Appendix I. 12 I declare under penalty of perjury under the laws of the state of California and of my own 13 personal knowledge that the foregoing is true and correct and that if called upon, I could and 14 would testify thereto. 15 Executed in Sacramento, California, on Tuesday, November 24, 2020. 16 17 ______________________________ 18 Sean R. Laird 19 20 21 22 23 24 25 26 27 28 - 3! - DECLARATION OF SEAN R. LAIRD IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT ENLOE MEDICAL CENTER’S MOTION TO RECONSIDER RULING ON MOTION TO CONTINUE PREFERENTIALLY SET TRIAL DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT 1 27 28 - 4! - DECLARATION OF SEAN R. LAIRD IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT ENLOE MEDICAL CENTER’S MOTION TO RECONSIDER RULING ON MOTION TO CONTINUE PREFERENTIALLY SET TRIAL DATE. JUDICIAL COUNCIL OF CALIFORNIA STATEWIDE ORDER BY HON. TANI G. CANTIL-SAKAUYE, CHIEF JUSTICE OF CALIFORNIA AND CHAIR OF THE JUDICIAL COUNCIL MARCH 23, 2020 The World Health Organization, the United States Centers for Disease Control and Prevention (CDC), and the State of California have recognized that the world, country, and state face a life-threatening pandemic caused by the COVID-19 virus. As of March 23, 2020, the CDC reported that there are more than 40,000 confirmed COVID-19 cases in the United States, and more than 500 deaths. In California, the Department of Public Health reports more than 1,700 confirmed cases and more than 30 deaths. Health officials expect these figures to rise dramatically unless the population adheres to shelter- in-place guidelines and appropriate social distancing. As of this date, there is no known cure or vaccination. In response to the spread of COVID-19, Governor Newsom on March 4, 2020, declared a state of emergency in California, which was followed on March 13, 2020, by President Trump declaring a national emergency. Beginning on March 16, 2020, California counties began issuing shelter-in-place or stay-at-home orders. On March 19, 2020, Governor Newsom issued Executive Order N-33-20, requiring all Californians to stay home, subject to certain limited exemptions. Courts are included in this exemption. Schools have been closed statewide. The CDC, the California Department of Public Health, and local county health departments have recommended increasingly stringent social distancing measures of at least six feet between people, and encouraged vulnerable individuals to avoid public spaces. Courts cannot comply with these health restrictions and continue to operate as they have in the past. Court proceedings require gatherings of court staff, litigants, attorneys, witnesses, and juries, well in excess of the numbers allowed for gathering under current executive and health orders. Many court facilities in California are ill-equipped to effectively allow the social distancing and other public health requirements required to protect people involved in court proceedings and prevent the further spread of COVID-19. Even if court facilities could allow for sufficient social distancing, the closure of schools means that many court employees, litigants, witnesses, and potential jurors cannot leave their homes to attend court proceedings because they must stay home to supervise their children. These restrictions have also made it nearly impossible for courts to assemble juries. Pursuant to my authority under the California Constitution, article VI, section 6 and Government Code section 68115, and after careful consideration, balancing the constitutional due process rights of parties in both criminal and civil proceedings with the health and safety of these parties, the public, court staff, judicial officers, attorneys, witnesses, jurors, and others present at these proceedings, among other considerations, I find good cause to order that: 1. All jury trials are suspended and continued for a period of sixty (60) days from the date of this order. Courts may conduct such a trial at an earlier date, upon a finding of good cause shown or through the use of remote technology, when appropriate. 2. The time period provided in Penal Code section 1382 for the holding of a criminal trial is extended for a period of sixty (60) days from the date of this order. Courts may conduct such a trial at an earlier date, upon a finding of good cause shown or through the use of remote technology, when appropriate. 3. The time period provided in Code of Civil Procedure sections 583.310 and 583.320 for the holding of a civil trial is extended for a period of sixty (60) days from the date of this order. Courts may conduct such a trial at an earlier date, upon a finding of good cause shown or through the use of remote technology, when appropriate. 4. All superior courts are authorized under rule 10.613(i) of the California Rules of Court to adopt any proposed rules or rule amendment that is intended to address the impact of the COVID-19 pandemic to take effect immediately, without advance circulation for 45 days of public comment. A court adopting any such rule change must provide a copy to Judicial Council staff and post notice of the change prominently on the court’s website, along with the effective date of the new or Page 2 of 3 amended rule. Additionally, the court must immediately distribute the new or amended rule as set forth in rule 10.613(g)(2). No litigant’s substantive rights shall be prejudiced for failing to comply with the requirements of a new or amended rule until at least 20 days after the rule change has been distributed. Courts are urged to timely communicate with attorneys and self-represented litigants regarding the status of pending proceedings. I reserve the authority to rescind or modify this order, as appropriate, to address changing circumstances. This order may be deemed part of the record in affected cases for purposes of appeal without the need to file the order in each case. Date: March 23, 2020 ____________________________ Hon. Tani G. Cantil-Sakauye Chief Justice of California and Chair of the Judicial Council Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT 2 26 27 28 - 5! - DECLARATION OF SEAN R. LAIRD IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT ENLOE MEDICAL CENTER’S MOTION TO RECONSIDER RULING ON MOTION TO CONTINUE PREFERENTIALLY SET TRIAL DATE. 1 Appendix I 2 Emergency Rules Related to COVID-19 3 4 5 Emergency rule 1. Unlawful detainers 6 7 (a) Application 8 9 Notwithstanding any other law, including Code of Civil Procedure sections 1166, 10 1167, 1169, and 1170.5, this rule applies to all actions for unlawful detainer. 11 12 (b) Issuance of summons 13 14 A court may not issue a summons on a complaint for unlawful detainer unless the 15 court finds, in its discretion and on the record, that the action is necessary to protect 16 public health and safety. 17 18 (c) Entry of default 19 20 A court may not enter a default or a default judgment for restitution in an unlawful 21 detainer action for failure of defendant to appear unless the court finds both of the 22 following: 23 24 (1) The action is necessary to protect public health and safety; and 25 26 (2) The defendant has not appeared in the action within the time provided by 27 law, including by any applicable executive order. 28 29 (d) Time for trial 30 31 If a defendant has appeared in the action, the court may not set a trial date earlier 32 than 60 days after a request for trial is made unless the court finds that an earlier 33 trial date is necessary to protect public health and safety. Any trial set in an 34 unlawful detainer proceeding as of April 6, 2020 must be continued at least 60 days 35 from the initial date of trial. 36 37 (e) Sunset of rule 38 39 This rule will remain in effect until 90 days after the Governor declares that the 40 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 41 repealed by the Judicial Council. 42 43 1 1 Emergency rule 2. Judicial foreclosures—suspension of actions 2 3 Notwithstanding any other law, this rule applies to any action for foreclosure on a 4 mortgage or deed of trust brought under chapter 1, title 10, of part 2 of the Code of Civil 5 Procedure, beginning at section 725a, including any action for a deficiency judgment, and 6 provides that, until 90 days after the Governor declares that the state of emergency 7 related to the COVID-19 pandemic is lifted, or until this rule is amended or repealed by 8 the Judicial Council: 9 10 (1) All such actions are stayed, and the court may take no action and issue no 11 decisions or judgments unless the court finds that action is required to further the 12 public health and safety. 13 14 (2) Any statute of limitations for filing such an action is tolled. 15 16 (3) The period for electing or exercising any rights under that chapter, including 17 exercising any right of redemption from a foreclosure sale or petitioning the court 18 in relation to such a right, is extended. 19 20 21 Emergency rule 3. Use of technology for remote appearances 22 23 (a) Remote appearances 24 25 Notwithstanding any other law, in order to protect the health and safety of the public, 26 including court users, both in custody and out of custody defendants, witnesses, court 27 personnel, judicial officers, and others, courts must conduct judicial proceedings and 28 court operations as follows: 29 30 (1) Courts may require that judicial proceedings and court operations be 31 conducted remotely. 32 33 (2) In criminal proceedings, courts must receive the consent of the defendant to 34 conduct the proceeding remotely and otherwise comply with emergency rule 35 5. Notwithstanding Penal Code sections 865 and 977 or any other law, the 36 court may conduct any criminal proceeding remotely. As used in this rule, 37 “consent of the defendant” means that the consent of the defendant is 38 required only for the waiver of the defendant’s appearance as provided in 39 emergency rule 5. For good cause shown, the court may require any witness 40 to personally appear in a particular proceeding. 41 42 (3) Conducting proceedings remotely includes, but is not limited to, the use of 43 video, audio, and telephonic means for remote appearances; the electronic 2 1 exchange and authentication of documentary evidence; e-filing and e-service; 2 the use of remote interpreting; and the use of remote reporting and electronic 3 recording to make the official record of an action or proceeding. 4 5 (b) Sunset of rule 6 7 This rule will remain in effect until 90 days after the Governor declares that the 8 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 9 repealed by the Judicial Council. 10 11 Emergency rule 4. Emergency Bail Schedule [Repealed] 12 Emergency rule 4 repealed effective June 20, 2020. 13 14 Emergency rule 5. Personal appearance waivers of defendants during health 15 emergency 16 17 (a) Application 18 19 Notwithstanding any other law, including Penal Code sections 865 and 977, this 20 rule applies to all criminal proceedings except cases alleging murder with special 21 circumstances and cases in which the defendant is currently incarcerated in state 22 prison, as governed by Penal Code section 977.2. 23 24 (b) Types of personal appearance waivers 25 26 (1) With the consent of the defendant, the court must allow a defendant to waive 27 his or her personal appearance and to appear remotely, either through video 28 or telephonic appearance, when the technology is available. 29 30 (2) With the consent of the defendant, the court must allow a defendant to waive 31 his or her appearance and permit counsel to appear on his or her behalf. The 32 court must accept a defendant’s waiver of appearance or personal appearance 33 when: 34 35 (A) Counsel for the defendant makes an on the record oral representation 36 that counsel has fully discussed the waiver and its implications with the 37 defendant and the defendant has authorized counsel to proceed as 38 counsel represents to the court; 39 40 (B) Electronic communication from the defendant as confirmed by 41 defendant’s counsel; or 42 43 (C) Any other means that ensures the validity of the defendant’s waiver. 3 1 2 (c) Consent by the defendant 3 4 (1) For purposes of arraignment and entry of a not guilty plea, consent means a 5 knowing, intelligent, and voluntary waiver of the right to appear personally in 6 court. Counsel for the defendant must state on the record at each applicable 7 hearing that counsel is proceeding with the defendant’s consent. 8 9 (2) For purposes of waiving time for a preliminary hearing, consent also means a 10 knowing, intelligent, and voluntary waiver of the right to hold a preliminary 11 hearing within required time limits specified either in Penal Code section 12 859b or under emergency orders issued by the Chief Justice and Chair of the 13 Judicial Council. 14 15 (3) The court must accept defense counsel’s representation that the defendant 16 understands and agrees with waiving any right to appear unless the court has 17 specific concerns in a particular matter about the validity of the waiver. 18 19 (d) Appearance through counsel 20 21 (1) When counsel appears on behalf of a defendant, courts must allow counsel to 22 do any of the following: 23 24 (A) Waive reading and advisement of rights for arraignment. 25 26 (B) Enter a plea of not guilty. 27 28 (C) Waive time for the preliminary hearing. 29 30 (2) For appearances by counsel, including where the defendant is either 31 appearing remotely or has waived his or her appearance and or counsel is 32 appearing by remote access, counsel must confirm to the court at each 33 hearing that the appearance by counsel is made with the consent of the 34 defendant. 35 36 (e) Conduct of remote hearings 37 38 (1) With the defendant’s consent, a defendant may appear remotely for any 39 pretrial criminal proceeding. 40 41 (2) Where a defendant appears remotely, counsel may not be required to be 42 personally present with the defendant for any portion of the criminal 43 proceeding provided that the audio and/or video conferencing system or other 4 1 technology allows for private communication between the defendant and his 2 or her counsel. Any private communication is confidential and privileged 3 under Evidence Code section 952. 4 5 (f) Sunset of rule 6 7 This rule will remain in effect until 90 days after the Governor declares that the 8 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 9 repealed by the Judicial Council. 10 11 12 Emergency rule 6. Emergency orders: juvenile dependency proceedings 13 14 (a) Application 15 16 This rule applies to all juvenile dependency proceedings filed or pending until the 17 state of emergency related to the COVID-19 pandemic is lifted. 18 19 (b) Essential hearings and orders 20 21 The following matters should be prioritized in accordance with existing statutory 22 time requirements. 23 24 (1) Protective custody warrants filed under Welfare and Institutions Code section 25 340. 26 27 (2) Detention hearings under Welfare and Institutions Code section 319. The 28 court is required to determine if it is contrary to the child’s welfare to remain 29 with the parent, whether reasonable efforts were made to prevent removal, 30 and whether to vest the placing agency with temporary placement and care. 31 32 (3) Psychotropic medication applications. 33 34 (4) Emergency medical requests. 35 36 (5) A petition for reentry of a nonminor dependent. 37 38 (6) Welfare and Institutions Code section 388 petitions that require an immediate 39 response based on the health and safety of the child, which should be 40 reviewed for a prima facie showing of change of circumstances sufficient to 41 grant the petition or to set a hearing. The court may extend the final ruling on 42 the petition beyond 30 days. 5 1 (c) Foster care hearings and continuances during the state of emergency 2 3 (1) A court may hold any proceeding under this rule via remote technology 4 consistent with rule 5.531 and emergency rule 3. 5 6 (2) At the beginning of any hearing at which one or more participants appears 7 remotely, the court must admonish all the participants that the proceeding is 8 confidential and of the possible sanctions for violating confidentiality. 9 10 (3) The child welfare agency is responsible for notice of remote hearings unless 11 other arrangements have been made with counsel for parents and children. 12 Notice is required for all parties and may include notice by telephone or other 13 electronic means. The notice must also include instructions on how to 14 participate in the court hearing remotely. 15 16 (4) Court reports 17 18 (A) Attorneys for parents and children must accept service of the court 19 report electronically. 20 21 (B) The child welfare agency must ensure that the parent and the child 22 receive a copy of the court report on time. 23 24 (C) If a parent or child cannot receive the report electronically, the child 25 welfare agency must deliver a hard copy of the report to the parent and 26 the child on time. 27 28 (5) Nothing in this subdivision prohibits the court from making statutorily 29 required findings and orders, by minute order only and without a court 30 reporter, by accepting written stipulations from counsel when appearances 31 are waived if the stipulations are confirmed on the applicable Judicial 32 Council forms or equivalent local court forms. 33 34 (6) If a court hearing cannot occur either in the courthouse or remotely, the 35 hearing may be continued up to 60 days, except as otherwise specified. 36 37 (A) A dispositional hearing under Welfare and Institutions Code section 38 360 should not be continued more than 6 months after the detention 39 hearing without review of the child’s circumstances. In determining 40 exceptional circumstances that justify holding the dispositional hearing 41 more than 6 months after the child was taken into protective custody, 42 the impact of the state of emergency related to the COVID-19 43 pandemic must be considered. 6 1 2 i. If the dispositional hearing is continued more than 6 months after 3 the start date of protective custody, a review of the child must be 4 held at the 6-month date. At the review, the court must determine 5 the continued necessity for and appropriateness of the placement; 6 the extent of compliance with the case plan or available services 7 that have been offered; the extent of progress which has been 8 made toward alleviating or mitigating the causes necessitating 9 placement; and the projected likely date by which the child may 10 return home or placed permanently. 11 12 ii. The court may continue the matter for a full hearing on all 13 dispositional findings and orders. 14 15 (B) A judicial determination of reasonable efforts must be made within 12 16 months of the date a child enters foster care to maintain a child’s 17 federal title IV-E availability. If a permanency hearing is continued 18 beyond the 12-month date, the court must review the case to determine 19 if the agency has made reasonable efforts to return the child home or 20 arrange for the child to be placed permanently. This finding can be 21 made without prejudice and may be reconsidered at a full hearing. 22 23 (7) During the state of emergency related to the COVID-19 pandemic, previously 24 authorized visitation must continue, but the child welfare agency is to 25 determine the manner of visitation to ensure that the needs of the family are 26 met. If the child welfare agency changes the manner of visitation for a child 27 and a parent or legal guardian in reunification, or for the child and a 28 sibling(s), or a hearing is pending under Welfare and Institutions Code 29 section 366.26, the child welfare agency must notify the attorneys for the 30 children and parents within 5 court days of the change. All changes in 31 manner of visitation during this time period must be made on a case by case 32 basis, balance the public health directives and best interest of the child, and 33 take into consideration whether in-person visitation may continue to be held 34 safely. Family time is important for child and parent well-being, as well as 35 for efforts toward reunification. Family time is especially important during 36 times of crisis. Visitation may only be suspended if a detriment finding is 37 made in a particular case based on the facts unique to that case. A detriment 38 finding must not be based solely on the existence of the impact of the state of 39 emergency related to the COVID-19 pandemic or related public health 40 directives. 41 42 (A) The attorney for the child or parent may ask the juvenile court to 43 review the change in manner of visitation. The child or parent has the 7 1 burden of showing that the change is not in the best interest of the child 2 or is not based on current public health directives. 3 4 (B) A request for the court to review the change in visitation during this 5 time period must be made within 14 court days of the change. In 6 reviewing the change in visitation, the court should take into 7 consideration the factors in (c)(7). 8 9 (d) Sunset of rule 10 11 This rule will remain in effect until 90 days after the Governor declares that the 12 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 13 repealed by the Judicial Council. 14 15 Advisory Committee Comment 16 17 When courts are unable to hold regular proceedings because of an emergency that has resulted in 18 an order as authorized under Government Code section 68115, federal timelines do not stop. 19 Circumstances may arise where reunification services to the parent, including visitation, may not 20 occur or be provided. The court must consider the circumstances of the emergency when deciding 21 whether to extend or terminate reunification services and whether services were reasonable given 22 the state of the emergency. (Citations: 42 U.S.C. § 672(a)(1)–(2), (5); 45 CFR § 1355.20; 45 CFR 23 § 1356.21 (b) – (d); 45 C.F.R. § 1356.71(d)(1)(iii); Child Welfare Policy Manual, 8.3A.9 Title 24 IV-E, Foster Care Maintenance Payments Program, Reasonable efforts, Question 2 25 (www.acf.hhs.gov/cwpm/public_html/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citI 26 D=92)]); Letter dated March 27, 2020, from Jerry Milner, Associate Commissioner, Children’s 27 Bureau, Administration for Children and Families, U.S. Department of Health and Human 28 Services.) 29 30 31 Emergency rule 7. Emergency orders: juvenile delinquency proceedings 32 33 (a) Application 34 35 This rule applies to all proceedings in which a petition has been filed under Welfare 36 and Institutions Code section 602 in which a hearing would be statutorily required 37 during the state of emergency related to the COVID-19 pandemic. 38 39 (b) Juvenile delinquency hearings and orders during the state of emergency 40 41 (1) A hearing on a petition for a child who is in custody under Welfare and 42 Institutions Code section 632 or 636 must be held within the statutory 43 timeframes as modified by an order of the court authorized by Government 8 1 Code section 68115. The court must determine if it is contrary to the welfare 2 of the child to remain in the home, whether reasonable services to prevent 3 removal occurred, and whether to place temporary placement with the 4 probation agency if the court will be keeping the child detained and out of the 5 home. 6 7 (2) If a child is detained in custody and an in-person appearance is not feasible 8 due to the state of emergency, courts must make reasonable efforts to hold 9 any statutorily required hearing for that case via remote appearance within 10 the required statutory time frame and as modified by an order of the court 11 authorized under Government Code section 68115 for that proceeding. If a 12 remote proceeding is not a feasible option for such a case during the state of 13 emergency, the court may continue the case as provided in (d) for the 14 minimum period of time necessary to hold the proceedings. 15 16 (3) Without regard to the custodial status of the child, the following hearings 17 should be prioritized during the state of emergency related to the COVID-19 18 pandemic: 19 20 (A) Psychotropic medication applications. 21 22 (B) All emergency medical requests. 23 24 (C) A petition for reentry of a nonminor dependent. 25 26 (D) A hearing on any request for a warrant for a child. 27 28 (E) A probable cause determination for a child who has been detained but 29 has not had a detention hearing within the statutory time limits. 30 31 (4) Notwithstanding any other law, and except as described in (5), during the 32 state of emergency related to the COVID-19 pandemic, the court may 33 continue for good cause any hearing for a child not detained in custody who 34 is subject to its juvenile delinquency jurisdiction until a date after the state of 35 emergency has been lifted considering the priority for continued hearings in 36 (d). 37 38 (5) For children placed in foster care under probation supervision, a judicial 39 determination of reasonable efforts must be made within 12 months of the 40 date the child enters foster care to maintain a child’s federal title IV-E 41 availability. If a permanency hearing is continued beyond the 12-month date, 42 the court must nevertheless hold a review to determine if the agency has 43 made reasonable efforts to return the child home or place the child 9 1 permanently. This finding can be made without prejudice and may be 2 reconsidered at a full hearing. 3 4 (c) Proceedings with remote appearances during the state of emergency. 5 6 (1) A court may hold any proceeding under this rule via remote technology 7 consistent with rule 5.531 and emergency rule 3. 8 9 (2) At the beginning of any hearing conducted with one or more participants 10 appearing remotely, the cou