Rule 10.478 - Content-based and hours-based education for court investigators, probate attorneys, and probate examiners(a) Definitions As used in this rule, the following terms have the meanings specified below, unless the context or subject matter otherwise require:
(1) A "court investigator" is a person described in Probate Code section 1454(a) employed by or under contract with a court to provide the investigative services for the court required or authorized by law in guardianships, conservatorships, and other protective proceedings under division 4 of the Probate Code; (2) A "probate attorney" is an active member of the State Bar of California who is employed by a court to perform the functions of a probate examiner and also to provide legal analysis, recommendations, advice, and other services to the court pertaining to probate proceedings; (3) A "probate examiner" is a person employed by a court to review filings in probate proceedings in order to assist the court and the parties to get the filed matters properly ready for consideration by the court in accordance with the requirements of the Probate Code, the rules in division 1 of title 7 of the California Rules of Court, and the court's local rules; and(4) "Probate proceedings" are decedents' estates, guardianships and conservatorships under division 4 of the Probate Code, trust proceedings under division 9 of the Probate Code, and other matters governed by provisions of that code and by the rules in division 1 of title 7 of the California Rules of Court . (Subd (a) amended effective January 1, 2024; Subd (a) amended effective January 1, 2023; previously amended effective January 1, 2016.)
(b) Content-based requirements for court investigators(1) Court investigators must complete 12 hours of education within one year of their start date after January 1, 2008 . The education must include the following general topics: (A) Court process and legal proceedings; (B) Child abuse and neglect and the effect of domestic violence on children (guardianship investigators); elder and dependent adult abuse, including undue influence and other forms of financial abuse (conservatorship investigators); (D) Access to and use of criminal-record information, confidentiality, ethics, conflicts of interest; (E) Accessing and evaluating community resources for children and mentally impaired elderly or developmentally disabled adults; and (F) Interviewing children and persons with mental function or communication deficits; and(G) The less restrictive alternatives to conservatorship stated in Probate Code section 1800.3.(2) A court investigator may fulfill the education requirement in (1) through council-sponsored education, an approved provider (see rule 10.481(a), or education approved by the court executive officer or the court investigator's supervisor as meeting the education criteria specified in rule 10.481(b). (3) The education required in (1) may be applied to the specific-job portion of the orientation course required for all new court employees under rule 10.474(b)(2)(D) and the continuing education required for all nonmanagerial or nonsupervisory court employees under rule 10.474(c)(2).(4) Each hour of participation in education by an approved provider under rule 10.481, including education that is instructor-led (live remote or in-person), asynchronous (such as videos and e-learning), and self-directed study approved in advance by the court executive officer or the court investigator's supervisor, counts toward the continuing education requirement in (1) on an hour-for-hour basis. (Subd (b) amended effective January 1, 2024; Subd (b) amended effective January 1, 2023; previously amended effective January 1, 2012, and January 1, 2016.)
(c) Content-based education for probate attorneys (1) Probate attorneys must complete 12 hours of education within six months of their start date after January 1, 2008, in probate-related topics, including guardianships, conservatorships, court-supervised fiduciary accounting , and the less restrictive alternatives to conservatorship stated in Probate Code section 1800.3.(2) A probate attorney may fulfill the education requirement in (1) through council-sponsored education, an approved provider (see rule 10.481(a)), or education approved by the court executive officer or the probate attorney's supervisor as meeting the education criteria specified in rule 10.481(b). (3) The education required in (1) may be applied to the specific-job portion of the orientation course required for all new court employees under rule 10.474(b)(2)(D) and the continuing education required for all nonmanagerial or nonsupervisory court employees under rule 10.474(c)(2). (4) Each hour of participation in education by an approved provider under rule 10.481, including education that is instructor-led (live remote or in-person), asynchronous (such as videos and e-learning), and self-directed study approved in advance by the court executive officer or the probate attorney's supervisor, counts toward the continuing education requirement in (1) on an hour-for-hour basis. (Subd (c) amended effective January 1, 2024; Subd (c) amended effective January 1, 2023; previously amended effective January 1, 2012, and January 1, 2016.)
(d) Content-based education for probate examiners(1) Probate examiners must complete 20 hours of education within one year of their start date after January 1, 2008, in probate-related topics, of which 12 hours must be in guardianships and conservatorships, including court-appointed fiduciary accounting and the less restrictive alternatives to conservatorship stated in Probate Code section 1800.3.(2) A probate examiner may fulfill the education requirement in (1) through council-sponsored education, an approved provider (see rule 10.481(a), or education approved by the court executive officer or the probate examiner's supervisor as meeting the education criteria specified in rule 10.481(b). (3) The education required in (1) may be applied to the specific-job portion of the orientation course required for all new court employees under rule 10.474(b)(2)(D) and the continuing education required for all nonmanagerial or nonsupervisory court employees under rule 10.474(c)(2). (4) Each hour of participation in education by an approved provider under rule 10.481, including education that is instructor-led (live remote or in-person), asynchronous (such as videos and e-learning), and self-directed study approved in advance by the court executive officer or the probate examiner's supervisor, counts toward the continuing education requirement in (1) on an hour-for-hour basis. (Subd (d) amended effective January 1, 2024; Subd (d) amended effective January 1, 2023; previously amended effective January 1, 2012, and January 1, 2016.)
(e) Hours-based education for court investigators(1) Each court investigator must complete 12 hours of continuing education on some or all of the general topics listed in (b)(1) each two-year education cycle. The education cycle is determined in the same manner as in rule 10.474(c)(3).(2) A court investigator may fulfill the education requirement in (1) through council-sponsored education, an approved provider (see rule 10.481(a), or education approved by the court executive officer or the court investigator's supervisor as meeting the education criteria specified in rule 10.481(b). (3) The education required in (1) may be applied to the continuing education required for all nonmanagerial or nonsupervisory court employees under rule 10.474(c)(2). (4) Each hour of participation in education by an approved provider under rule 10.481, including education that is instructor-led (live remote or in-person), asynchronous (such as videos and e-learning), and self-directed study approved in advance by the court executive officer or the court investigator's supervisor, counts toward the continuing education requirement in (1) on an hour-for-hour basis. (Subd (e) amended effective January 1, 2023; previously amended effective January 1, 2012, and January 1, 2016.)
(f) Hours-based education for probate attorneys(1) Probate attorneys must complete 12 hours of continuing education each two-year education cycle in probate-related subjects, of which six hours per year must be in guardianships and conservatorships, including court-supervised fiduciary accounting and the less restrictive alternatives to conservatorship stated in Probate Code section 1800.3. The education cycle is determined in the same manner as in rule 10.474(c)(3).(2) A probate attorney may fulfill the education requirement in (1) through council-sponsored education, an approved provider (see rule 10.481(a), or education approved by the court executive officer or the probate attorney's supervisor as meeting the education criteria specified in rule 10.481(b). (3) The education required in (1) may be applied to the continuing education required for all nonmanagerial or nonsupervisory court employees under rule 10.474(c)(2). (4) Each hour of participation in education by an approved provider under rule 10.481, including education that is instructor-led (live remote or in-person), asynchronous (such as videos and e-learning), and self-directed study approved in advance by the court executive officer or the probate attorney's supervisor, counts toward the continuing education requirement in (1) on an hour-for-hour basis. (Subd (f) amended effective January 1, 2023; previously amended effective January 1, 2012, and January 1, 2016.)
(g) Hours-based education for probate examiners(1) Probate examiners must complete 12 hours of continuing education each two-year education cycle in probate-related subjects, of which six hours per year must be in guardianships and conservatorships, including court-appointed fiduciary accounting and the less restrictive alternatives to conservatorship stated in Probate Code section 1800.3. The education cycle is determined in the same manner as in rule 10.474(c)(3).(2) A probate examiner may fulfill the education requirement in (1) through council-sponsored education, an approved provider (see rule 10.481(a), or education approved by the court executive officer or the probate examiner's supervisor as meeting the education criteria specified in rule 10.481(b). (3) The education required in (1) may be applied to the continuing education required for all nonmanagerial or nonsupervisory court employees under rule 10.474(c)(2). (4) Each hour of participation in education by an approved provider under rule 10.481, including education that is instructor-led (live remote or in-person), asynchronous (such as videos and e-learning), and self-directed study approved in advance by the court executive officer or the probate examiner's supervisor, counts toward the continuing education requirement in (1) on an hour-for-hour basis. (Subd (g) amended effective January 1, 2024; Subd (g) amended effective January 1, 2023; previously amended effective January 1, 2012, and January 1, 2016.)
(h) Extension of timeThe provisions of rule 10.474(d) concerning extensions of time apply to the content-based and hours-based education required under this rule.
(i) Record keeping and reporting(1) The provisions of rule 10.474(e) concerning the responsibilities of courts and participating court employees to keep records and track the completion of educational requirements apply to the education required under this rule. (2) Judicial Council staff may require courts to report participation by court investigators, probate attorneys, and probate examiners in the education required by this rule as necessary to ensure compliance with Probate Code section 1456. (Subd (i) amended effective January 1, 2016.)
Rule 10.478 amended effective 1/1/2024; Amended effective 1/1/2023; amended effective 1/1/2016; adopted effective 1/1/2008; previously amended effective 1/1/2012.