gender and name changes in the dependency court 062620 · 6/26/20 1 legal name and gender changes...
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Legal Name and Gender Changes in the Dependency CourtRonnie CheungJune 26, 2020
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Learning Objectives1) Recognize and understand significance of names,
gender pronouns, and unique needs of trans youth
2) Recall significant steps in legal name and/or gender change process and where to access further information
3) Identify and apply at least 3 ways to support youth with name and gender affirmation
Children’s LawCenter of California www.clccal.org
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Transition Experiences
Gender ExpressionClothesHairName
Puberty Blockers (Reversible)Phenotypic Hormones TherapyGender Affirming Surgeries
Legal TransitionName ChangeGender MarkerIdentity Documents
Social Transition Medical Transition
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“When people misidentify me or tell me I’ll never be a boy, or don’t call me by my name,
it hurts. It makes me want to give up. It reminds me that I’m trapped in the wrong body. It makes me think I’ll never get out. People will never see me as a boy. There’ve been times that I've secretly attempted suicide without
anyone knowing.”
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• Can be filed by the court appointed dependency attorney
• Can be filed the appointing court (Dependency)
• Applies to dependents and nonminordependents Code Civ. Proc. §1276 (e); Health & Saf. Code §103430(f).
Name and Gender Petitions for Dependents
Children’s LawCenter of California www.clccal.org
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Legal name and gender recognition is important!
Dependency records are confidential
Navigating the legal process
Important documents need to be provided to youth (Welf. & Inst. Code §391)
Why file in dependency court?
Children’s LawCenter of California www.clccal.org
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Parent/Guardian
Youth over 18
Court appointed dependency attorney
Code Civ. Proc. §§1276(a) & (e); Health & Saf. Code §103430(f)
Who can file?
Children’s LawCenter of California www.clccal.org
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Talk to the youth
Respect, Understanding, Caring
Name and gender?Legal Name – spelling, middle name?
What’s in a name?
Children’s LawCenter of California www.clccal.org
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1. Name change to conform to gender identity
2. Gender change (with or without name change)
3. Name change only
Name and Gender Change Petitions
Children’s LawCenter of California www.clccal.org
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The overall legal name/genderchange process
Fill out the
forms
File the forms
Serve/Notice parent
s
Court Hearing
Court order and
follow up
Step 1 Step 2 Step 3 Step 4 Step 5
Children’s LawCenter of California www.clccal.org
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1) Civil Case Cover Sheet (Form CM-010)2) Petition for Change of Name (Form NC-100)3) Attachment to Petition for Change of Name
(Form NC-110)4) Order to Show Cause for Change of Name to
Conform to Gender Identity (NC-125/NC-225)5) Decree Changing Name (NC-130)
Forms for Name Change to Conform to Gender Identity
Children’s LawCenter of California www.clccal.org
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1) Civil Case Cover Sheet (Form CM-010)2) Petition for Recognition of Minor’s Change of Gender
and Issuance of New Birth Certificate and Change of Name (Form NC-500)
3) Declaration of Guardian or Dependency Attorney (Form NC-510G)
4) Order to Show Cause for Recognition of Minor’s Change of Gender and Issuance of New Birth Certificate (NC-520)
5) Order Recognizing Minor’s Change of Gender and for Issuance of New Birth Certificate (NC-530G)
Forms for Gender Change (Minor)
Children’s LawCenter of California www.clccal.org
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1) All of the forms for Gender Change of minor2) Name and Information About the Person
Whose Name is to Be Changed (NC-110)3) Order to Show Cause for Change of Name
to Conform to Gender Identity (NC-125/NC-225)
7 forms total
Forms for Gender Change and Name Change (minor)
Children’s LawCenter of California www.clccal.org
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1) Civil Case Cover Sheet (Form CM-010)
2) Petition for Recognition of Change of Gender and Issuance of New Birth Certificate (Form NC-300)
3) Order for Change of Gender and for Issuance of New Birth Certificate (NC-330)
Forms for Gender Change (NMD)
Children’s LawCenter of California www.clccal.org
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1) Civil Case Cover Sheet (Form CM-010)2) Petition for Change of Name, Recognition of Change of
Gender, and Issuance of New Birth Certificate (Form NC-200)
3) Attachment to Petition for Change of Name(Form NC-110)
4) Order to Show Cause for Change of Name to Conform to Gender Identity (NC-125/NC-225)
5) Decree Changing Name and Order Recognizing Change of Gender and for Issuance of New Birth Certificate (NC-230)
Forms for Gender and Name Change (NMD)
Children’s LawCenter of California www.clccal.org
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Make copies
• Original copy – court
• Copy – attorney’s file• Copy for each person that
needs to be served
Filing the Forms
Children’s LawCenter of California www.clccal.org
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Clerk’s Office reviews and verifies formsGender change petitions require a
hearing – get court date from courtroom clerk
File in courtroom with clerkRetrieve file stamped copies for service
Filing the forms
Children’s LawCenter of California www.clccal.org
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Can be filed in dropbox
Must show why/how this is essential matter.
Necessary for health and safety of the child
Name/Gender Changes during COVID
Children’s LawCenter of California www.clccal.org
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OSC needs to be served on parent(s)Grandparents if parents deceased or can’t be located
In person unless out of stateWithin 30 days from when OSC for name
change is signedProof of service (Form NC-121) - file with court
Serving the forms – Name Change
Children’s LawCenter of California www.clccal.org
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OSC needs to be served on parent(s)Grandparents if parents deceased or can’t be located
In person unless out of stateAt least 30 days before hearing or from date
of OSC for name changeProof of service (Form NC-121) - file with court
Serving the forms – Gender Change
Children’s LawCenter of California www.clccal.org
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Only if objections filed timelyObjections for Gender change due 2
days before court dateObjections for Name change due within
6 weeks of OSC
Court Hearing
Children’s LawCenter of California www.clccal.org
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Court should notify petitioner if hearing is set/required
Objections based solely on concerns over the petitioner’s actual gender identity or gender assigned at birth are not good cause. Code of Civ. Proc. §1277.5(c); Health & Saf. Code §103430(b)(2).
No hearing should be set unless timely objection shows good cause
Court Hearing - Objections
Children’s LawCenter of California www.clccal.org
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If no objection filed, court shall grant petition without hearing
Court signs the relevant order/decreeGet certified copies from clerk
Need multiple copies to change name on other legal documents
Court Order
Children’s LawCenter of California www.clccal.org
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VS 24 – Affidavit to Amend a RecordFile certified copy of order within 30 daysMail to CA Dept of Public Health Vital
Recordshttps://www.cdph.ca.gov/Programs/CHSI/Pages/Correcting-or-Amending-a-Birth-Certificate-After-a-Sex-Change-Reassignment.aspx
Follow Up –Amend Birth Certificate (CA)
Children’s LawCenter of California www.clccal.org
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https://www.cdph.ca.gov/Programs/CHSI/Pages/Correcting-or-Amending-a-Birth-Certificate-After-a-Sex-Change-Reassignment.aspx
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VS 23 form – Amendment of Birth Record to Reflect Court Order Change of NameFile certified copy of order within 30 days
https://www.cdph.ca.gov/Programs/CHSI/Pages/Amending-a-Birth-Certificate-After-a-Court-Order-Name-Change.aspx
https://www.cdph.ca.gov/Programs/CHSI/CDPH%20Document%20Library/ADA_Amend%20BC%20After%20Name%20Change%20Pamphlet%20(01-20).pdf
Follow up - Amend CA Birth Certificate –Name only
Children’s LawCenter of California www.clccal.org
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Social Security
Children’s LawCenter of California www.clccal.org
Name Change:• Application for Social Security Card (SS-5)• Proof of citizenship or immigration status • Proof of legal name change (court
order)• Proof of identityhttps://faq.ssa.gov/en-US/Topic/article/KA-01981
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Social Security
Children’s LawCenter of California www.clccal.org
Gender Marker:• All of requirements for name change and:• Court order with recognition of new gender• SSA doesn’t recognize non-binary gender markers
https://faq.ssa.gov/en-us/Topic/article/KA-01453
No photocopies. Originals or certified copies only
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https://www.cdph.ca.gov/Programs/CHSI/Pages/Amending-a-Birth-Certificate-After-a-Court-Order-Name-Change.aspxhttps://www.cdph.ca.gov/Programs/CHSI/CDPH%2520Document%2520Library/ADA_Amend%2520BC%2520After%2520Name%2520Change%2520Pamphlet%2520(01-20).pdfhttps://faq.ssa.gov/en-US/Topic/article/KA-01981https://faq.ssa.gov/en-us/Topic/article/KA-01453
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DMV Driver’s License or ID Card
Children’s LawCenter of California www.clccal.org
• Certified copy of name change court order• Driver’s license & ID card application (DL 44)• Gender Category Request form if updating (DL 329S)
• May request nonbinary gender designation• Update with SSA first
• DMV is linked to SSA computer system• Change name and gender at same time – sealed
record https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/updating-information-on-your-driver-license-or-identification-dl-id-card/
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Other records
Children’s LawCenter of California www.clccal.org
• School Records• Medi-Cal• SSI
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Question
Children’s LawCenter of California www.clccal.org
Is there a publication requirement for gender or name changes?
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https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/updating-information-on-your-driver-license-or-identification-dl-id-card/
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Publication
Children’s LawCenter of California www.clccal.org
No. Publication is not required if name or gender change is filed to conform to gender identity.
Publication is required for most other name changes.
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Question
Children’s LawCenter of California www.clccal.org
The youth doesn’t want father to know that they are asking for a name/gender change. Are there any exceptions to the notice/service requirement for parents?
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Notice/Service to parents
Children’s LawCenter of California www.clccal.org
No. There is a legal requirement for parents who have not signed the petition to be served with the petition and OSC when the petition is filed on behalf of a minor.
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Question
Children’s LawCenter of California www.clccal.org
Is notice to the parent(s) required if parental rights have been terminated?
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Notice to Parents
Children’s LawCenter of California www.clccal.org
No. Once parental rights have been terminated, the biological parent no longer has parental rights and notice of the name/gender petition is not required.
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Question
Children’s LawCenter of California www.clccal.org
Is notice to the parent(s) required if reunification services have been terminated?
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Notice to Parents
Children’s LawCenter of California www.clccal.org
Yes. When reunification services are terminated, the parent retains parental rights and notice is required.
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Question
Children’s LawCenter of California www.clccal.org
Is notice to the parent(s) required if the youth is a nonminor dependent?
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Notice to Parents
Children’s LawCenter of California www.clccal.org
No. Nonminor dependents may file name or gender change petitions on their own and do not need to notice their parents.
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THANK YOURonnie Cheung
[email protected](323)980-1563
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