Children’s Rights Project

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WWW.PUBLICCOUNSEL.ORG (WEB) December 2017

§ 1: INTRODUCTION TO GUARDIANSHIPS .................................................................................................. 1

A. WHAT IS GUARDIANSHIP? ........................................................................................................ 1

B. STANDARDS FOR APPOINTMENT ............................................................................................ 1

C. OTHER PROCEEDINGS AFFECTING CUSTODY ....................................................................... 2

D. SPECIAL IMMIGRANT JUVENILE STATUS (“SIJS”) ................................................................ 3

E. ASSEMBLY BILL 900 ................................................................................................................... 5

F. JOINT GUARDIANSHIP .............................................................................................................. 8

§ 2: INFORMATION NEEDED TO FILE FOR GUARDIANSHIP ..................................................................... 8

§ 3: REQUIRED FORMS FOR FILING ............................................................................................................ 10

§ 4: STEP 1: PREPARING THE INITIAL FORMS ............................................................................................11

§ 5: STEP 2: FILING THE FORMS (E-FILING) .............................................................................................. ..21

§ 6: STEP 3: COMPLETING THE NOTICE REQUIREMENTS .......................................................................22

§ 7: STEP 4: GUARDIANSHIP INVESTIGATION .......................................................................................... ..29

§ 8: STEP 5: PREPARING FOR THE HEARING ............................................................................................ ..30

§ 9: STEP 6: THE HEARING/FILING THE ORDERS .................................................................................... ..31

§ 10: TEMPORARY GUARDIANSHIP ............................................................................................................. ..33

§ 11: TERMINATING REPRESENTATION ..................................................................................................... ..34

§ 12: POWERS, DUTIES, AND LIABILITIES OF GUARDIANSHIP .............................................................. ..35

§ 13: HOW GUARDIANSHIP AFFECTS GOVERNMENT BENEFITS ........................................................... ..36

§ 14: TERMINATION OF GUARDIANSHIP AND SUCCESSOR GUARDIANSHIP ....................................... ..36

§ 15: OPPOSING A GUARDIANSHIP .............................................................................................................. ..37

§ 16: VISITATION ............................................................................................................................................ ..38

§ 17: CHANGING RESIDENCES ..................................................................................................................... ..38

§ 18: TIMELINE ............................................................................................................................................... ..39

§ 19: GUARDIANSHIP FORMS: CHECKLIST ................................................................................................ ..40

Appendix A Sample Child Care Authorization and Caregiver’s Affidavit ........................................... 42

Appendix B Sample Form Used in Special Immigrant Juvenile Status Cases .....................................48

Appendix C Sample Physician’s Declaration ....................................................................................... 75

Appendix D Sample Intake Form and Case Summary Letter ............................................................. 77

Appendix E Sample Set of Completed Guardianship Forms ............................................................. 81

Appendix F Sample Court Letter ....................................................................................................... 147

Appendix G Sample Declaration of Due Diligence ............................................................................ 149

Appendix H Information Regarding Court Investigations ................................................................ 152

Appendix I Sample Forms for Good Exception to Notice in Temporary Guardianship .................... 158

Appendix J Sample Form Used to Terminate Representation ......................................................... 167

CONTENTS

A. WHAT IS GUARDIANSHIP?

Guardianship of the person is a legal action that gives someone other than the minor's parents the "care, custody, and control" of the minor.1 It is generally sought when the minor's parents are un- willing or unable to care for the child, or where parental custody is detrimental to the child. It gives the guardian almost complete rights to make decisions on behalf of the minor (see § 12, infra). While the guardianship is in place the parent loses the ability to make decisions for the child; however, the parent's rights are only suspended, not permanently terminated. The parent may regain custody of the child by filing a petition to terminate the guardianship (see § 14, infra). A guardianship appoint- ment lasts until it is terminated by the court or until the minor turns 18 or is emancipated, adopted, or married. However, in some cases the guardianship can continue until the ward turns 21 years old. Relatives, friends, or minors 12 years of age or older (on their own behalf) may petition for guardian- ship (Probate Code § 1510(a)). Guardianship of the person does not give the guardian control over the minor's property or other assets. To do this, guardianship of the estate should be sought.

B. STANDARDS FOR APPOINTMENT

The court shall grant the guardianship if it is "necessary and convenient" as determined by the "best interests of the child." (Probate Code § 1514(a)). To assess the "best interests" of the child, the court will consider: (a) the child's "health, safety, and welfare;" (b) any history of abuse by one parent against the other parent or the child; (c) the nature and amount of contact with both parents; and (d) the habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent (Family Code § 3011).

The court also will adopt a priority approach, giving first preference to both parents jointly or to ei-ther parent. Second preference is to persons deemed to be "suitable and able to provide adequate and proper care and guidance" (Family Code § 3040). If the child is sufficiently mature, the court should consider his/her wishes as well (Probate Code § 1514(e); Fam. Code § 3042(a)). In addition, a parent's nomination of a proposed guardian will receive "due weight" (Fam. Code § 3043).

If a parent objects to the appointment of a non-parent, the petitioner must establish that: 1) parental control would be detrimental to the child; and 2) the award to a non-parent is required to serve the "best interests" of the child (Probate Code § 1514(e); Family Code § 3041). See Guardianship of Phil-lip B., 139 Cal.App.3d 407 (1983) (citing three examples of "detriment": (1) lack of bonding between the minor and his parents; (2) potential educational and developmental injury to the child; and (3) evidence of potential physical harm due to the parents' passive neglect of the child's medical needs).

1. In the Probate Code, the minor is often referred to as the “ward.” This manual will always use the word “minor”.

§ 1: INTRODUCTION TO GUARDIANSHIPS

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C. OTHER PROCEEDINGS AFFECTING CUSTODY AND DECISION-MAKING FOR A CHILD There are several types of legal proceedings in addition to guardianship which affect custody of a mi-nor. There are also other types of legal mechanisms that grant decision-making authority, but not custody, to someone other than a parent. A few of them are mentioned below. 1. Adoption

An adoption is a complete substitution of one parent or set of parents for another. The adoptive par-ents are placed in the same legal position with respect to the minor as the natural parents. The bio-logical parents lose all their rights and obligations regarding the child. In contrast, guardianship on-ly suspends the natural parents' custodial rights, and they retain their obligation to support the child financially. Visitation is generally left to the discretion of the guardian. 2. Juvenile Court Dependency Proceedings

In dependency cases, the Department of Children and Family Services (DCFS) asks the Juvenile Court to make the minor a dependent of the court on the grounds of parental abandonment, abuse, or neglect (Welfare and Institutions Code § 300 et seq.). Once the child becomes a dependent of the court, the court will determine the child's placement, which may include (in order of preference) leaving the child in the custody of the parents under DCFS's supervision, placing the child with rela-tives, non-related foster parents, or in a foster care group home. The goal of dependency proceedings is safety, stability, and security for the child. Whenever possi-ble, DCFS will try to maintain the child in the parents' home or reunite the child with the parents. Usually, the court order will outline conditions for family maintenance or reunification and require the family to obtain services such as counseling and drug treatment. The court conducts a review hearing every six months. If the parent does not fulfill the conditions for reunification, the court may terminate parental rights. Once a dependency petition is filed, an individual caregiver cannot file a Probate Court guardianship petition unless (1) the dependency petition is denied or dismissed or (2) the Juvenile Court approves of the guardianship. This manual, however, does not address dependency court guardianships re-sulting from a "permanent plan" after the minor has been declared a dependent of the court. For a detailed discussion of the dependency and probate court systems, please review the Public Counsel manual, Caring for Another's Child: A Guide for Caregivers in Los Angeles County, available through the Public Counsel website. 3. Authorizing Another Adult to Consent to Medical Care A parent may authorize in writing "any adult person into whose care the minor has been entrusted" to consent to medical treatment and hospitalization of the minor (Fam. Code § 6910). Follow this procedure if the parent wants to permit another adult to consent to medical care for the minor, but does not wish to transfer custody. See Appendix A for a sample Child Care Authorization. 4. Caregiver Affidavit Family Code §§ 6550 et seq. enables a caregiver to avoid the necessity of a legal hearing to establish guardianship so that a child may enroll in school or receive certain medical care. It provides that a pupil is deemed to comply with residency requirements if the caregiver signs an affidavit that the pu-pil lives in the caregiver's home, which is located within the boundaries of the school district. The caregiver can also authorize general medical and dental care if the caregiver is related to the child

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and school-related medical care if he/she is not related to the child. See Appendix A for a sample Caregiver's Affidavit. 5. Conservatorship Custody of a minor also may be placed with a conservator. Typically, this happens when a mentally disabled dependent of the court needs to be placed in a public institution for the mentally ill or men-tally retarded (Probate Code §§ 1800 et seq.). Incapacitated or disabled adults can also be appointed a conservator of the person to make personal decisions on their behalf and/or a conservator of the estate to make financial decisions. (Probate Code § 1801). 6. Family Law Family law proceedings can, among other things, (1) decide custody and visitation rights between parents; (2) establish paternity; (3) determine child support payments; and (4) provide restraining orders in domestic violence cases. In addition, a grandparent who would like to obtain visitation rights for a child who is in the custody of a parent can, in some circumstances, request visitation through a family court proceeding.

D. SPECIAL IMMIGRANT JUVENILE STATUS (SIJS”) Special Immigrant Juvenile Status ("SIJS") is a classification under federal law that assists certain undocumented children in obtaining lawful permanent residency (often called a “green card”) in the United States. See William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ("TVPRA"), Pub. L. No. 110- 457, § 235(d)(l)-(3), 122 Stat. 5044. A Special Immigrant Juvenile is an unmarried person under the age of twenty-one who is in the United States; who has been declared dependent on a juvenile court located in the United States or whom a juvenile court has legally com-mitted to, or placed in the custody of, an agency or department of a State or of an individual or entity appointed by a State or juvenile court; whose reunification with one or both parents is not viable due to abuse, neglect, abandonment or a similar basis found in state law; and in whose best interest it is not to return to her country of nationality or last habitual residence. 8 U.S.C. §1101 (a)(27)(J), codi-fied at 8 U.S.C. § l l 01(a)(27)(J)(2010). Before a child can apply to the U.S. Citizenship & Immigration Services ("USCIS") for SIJS, a juve-nile or State court must first make several findings of fact. All California State superior courts, in-cluding probate courts, have jurisdiction to make SIJS findings. See B.F. v. Superior Court. 143 Cal. Rptr. 3d 730, 736 (2012). Further, a youth potentially eligible for SIJS is "entitled to a hearing where the juvenile court would determine whether findings required for SIJS existed." In re Y.M , 144 Cal.Rptr. 3d 54, 73 (2012). A child cannot apply to USCIS for SIJS without an order from a juvenile court. However, providing an order does not grant SIJS or a Green Card. Only USCIS can grant or deny these benefits.

NOTE: It is important that the SIJS request is made in the court with proper jurisdiction over the child. This manual discusses SIJS requests in the context of probate guardianship proceedings. A SIJS request can also be made in juvenile dependency or delinquency proceeding, and in family court. In cases where the child is residing with a parent (and there is no dependency or delinquency case), a SIJS request should be made through a family court proceeding unless the parent has a terminal illness and needs a joint guard-ianship under Prob. Code § 2105(f) (see Section E below). Probate guardianship is not an appropriate ave-nue to obtain a SIJS order for a child residing with a parent who is willing and able to care for the youth.

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FINDINGS

Under the federal statute, the State court does not make any immigration decisions. It simply makes the factual findings concerning the child's SIJS eligibility because it is the entity with expertise in ju-venile matters. The required findings are as follows:

1. The child is dependent upon the juvenile court or has been legally committed to, or placed un-der the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court, within the meaning of 8 U.S.C. §1101(a)(27)(J);

2. The child's reunification with one or both parents is not viable due to the abuse (may have oc-curred in the U.S. or prior to the child’s arrival), neglect, abandonment or similar basis found under State law within the meaning of 8 U.S.C. §l 101 (a)(27)(J). Note: Although the statute makes one parent SIJS possible, in reality, state courts and the USCIS often make it hard to get SIJS based on one parent;

3. And it is not in the "best interest" of the child to be returned to his or her parents' previous country of nationality or country of last habitual residence within the meaning of 8 U.S.C. § 1101(a)(27)(J) and 8 C.F.R. § 204.l l(d)(2)(iii).

These factual findings are essential to a child's eligibility for SIJS and lawful permanent residence in the United States. They alone, however, do not entitle the child to obtain these immigration benefits. The juvenile court makes the factual findings that concern the care and custody of the child; howev-er, USCIS makes the decisions regarding immigration, including the child’s eligibility for SIJ status and for a green card. Therefore, these findings are a prerequisite to the filing of an I-360 Petition for Amerasian, Widow(er), or Special Immigrant with USCIS. It is then up to USCIS to approve or deny the child's I-360. USCIS determines eligibility for SIJS by adjudicating the Form I-360, which in-cludes review of supporting documentation and the juvenile court order.

HOW TO REQUEST FINDINGS

In some probate guardianship cases, we ask that the pro bono attorney request SIJS findings for the youth in the guardianship proceeding. To do so, you should file the following forms in addition to the regular forms filed to obtain the guardianship:

1. Petition for SIJS Findings (GC-220);

2. Attachments 5 and 6 to the GC-220 (MC-025);

3. Declaration of Petitioner as to why SIJS is appropriate (explaining the abuse, abandonment, or neglect and why reunification with one or both parents is not viable and returning to the home country is not in the child’s best interest);

4. Proof of Personal Service to parents (GC-020(P)) OR Waiver and Consent of both parents (PRO-031) OR Declaration of Due Diligence (created on pleading paper) explaining why you cannot locate and notify the parent(s);

5. And SIJS Findings (GC-224).

The SIJS Findings, form GC-224, should closely follow the examples provided in the Appendices. The USCIS has become increasingly strict about the wording, so to ensure the USCIS does not request further evidence, please tailor your Findings to the examples provided.

SPECIAL NOTE: Whatever you send to USCIS must be either written in English, or if it is in a language other than English, it must be accompanied by an English translation.

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If the guardianship is already in place, you need not file the paperwork to establish the guardianship and instead will file only the SIJS forms discussed above. Samples of all these documents can be found in Appendix B.

AFTER FINDINGS ARE OBTAINED FROM PROBATION COURT

Once the Probate Court approves the SIJS Order, an application for SIJS (I-360) and permanent res-idency (I-485) must be filed with USCIS. Please refer to Public Counsel's Special Immigrant Juve-nile Status Manual for instructions and samples. This manual can be found at publiccounsel.org, go to Practice Areas, then Immigrant's Rights, then Publications.

E. ASSEMBLY BILL 900 California recently passed a law called Assembly Bill 900 (AB900), which took effect on January 1, 2016. This provides better support and protection for unaccompanied, undocumented youth ages 18-21. AB900 achieves this in two ways: (1) by giving probate courts jurisdiction to appoint legal guardians for youth ages 18-21 in order to assist these youths in adjusting to a new culture and social structure; and (2) by aligning state law with federal law to allow these youths to access SIJS. When the child is between 18 and 21 years old you should file a supplement to the guardianship SIJS peti-tion explaining the purpose of AB900 guardianships. An example is found in the form titled AB900 Supplement, found in Appendix B, and should be included with the GC-210(P) petition as Attach-ment 8. Use the GC-210(P) petition in place of GC-210, which is only for guardianship of minors. GC-210(P) is a petition for guardianship of the person, and can include AB900 youths over 18 years of age. Sometimes judges are reluctant to grant the guardianships for these youths because they feel that the only reason for the guardianship is to obtain immigration relief through the SIJS findings. Thus, judges have been granting guardianships “for SIJS purposes only,” which may not hold up with USCIS or may call for a Request for Evidence. This sentiment also makes it hard to obtain a tempo-rary guardianship, because the usual reasons for a temporary hearing (such as educational or medi-cal emergencies) do not hold up when AB900 guardianships are thought to be only for purposes of SIJS relief, rather than to help youth adjust to a new country without other support systems. There-fore, it is especially important that you provide a detailed explanation for how the guardian can/will/must advocate for the proposed ward. An example of a strongly worded explanation is in-cluded in the examples found in Appendix B. It is also important to point out to the judge that by authorizing the court to apply the existing guard-ianship statutes without amendment to these youths, rather than enacting a separate statutory scheme, the Legislature indicated its intent that existing processes and substantive requirements would continue to apply to guardianships of wards 18 years of age or older. For example, a petition would still need to show, and the court would need to find, that appointment of a guardian of the person is necessary or convenient before ordering the appointment. The only differences between a guardianship of a ward under 18 years of age and that of a ward 18 years of age or older lies not in the terms of the relationship itself, but in the conditions of its formation, modification, and termina-tion.

NOTE: The immigration applications should be submitted to USCIS within 3 months after the SIJS Order is ob-tained.

SPECIAL NOTE: SIJS notification requirements to parents are separate from the notification requirements of guardianship. The SIJS Petition must be personally served on parents separately from the guardianship petition, or parents must consent to the separate SIJS petition through signing form PRO-031.

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HELPFUL TIPS

SPECIAL IMMIGRANT JUVENILE FINDINGS (GC-224)

Item 4: In In the space provided below Item 4, use the follow ing language to indi-cate the legal conclusions or factual findings supporting placing the child under the custody of a guardian. Tailor the paragraphs to your specific facts. Use the first example for children under 18 years old, and the second example if your case involves a youth be-tween 18 and 20 years old:

○ In Under 18-Year-Old Cases: “ It is in [child’s] best interest that [guardian] be

appointed his legal guardian because the guardianship is necessary and convenient. See Prob. Cod. 1510.1; Prob. Code 1514; Fam. Code 3011. [Guardian] has been caring for [child] in her home for more than two years, and she has been providing for all of his needs. She needs a legal guardianship so that she can make educational, medical, health, and other decisions for [child.] Currently, there is no one in the United States with the au-thority to make these decisions on [child’s] behalf. This could prove disastrous if [child] has a medical or mental health emergency.”

○ AB900 Cases (youths between 18 and 20 years old): “It is in [youth’s] best in-

terest the [guardian] be appointed his legal guardian because the guardianship is neces-sary and convenient. See Prob. Cod. 1510.1; Prob. Code 1514; Fam. Code 3011. Given [youth’s] history of abandonment, trauma, and lack of education, he is a particularly vul-nerable youth and he needs a custodial relationship to enable him to adjust to a new cul-tural context, language, and education system, and to recover from the trauma he has suf-fered. [Guardian] has been caring for [youth] in her home, and he depends on her to navi-gate the U.S.’s education, medical, and mental health systems. A guardianship will pro-vide [youth] with the stability and support that he needs to allow [guardian] to make in-formed decisions on his behalf.”

Item 5: In the space provided below Item 5, use the follow ing language to indi-cate the reason(s) why reunification with the minor’s parent is not viable:

○ *** In preparing this section of the form, include all grounds under which you have argued

reunification is not viable; if the court does not accept some of your arguments, the reject-ed findings regarding abuse, abandonment, neglect can be crossed out and initialed by the clerk after the hearing.***

○ “[Child] was abandoned by his father, [father’s name.] Upon the murder of [child’s] fa-

ther, [child’s] father unintentionally abandoned Petitioner. Per Cal. Welf. & Inst. Code Section 300(g), leaving a child without any provision for support, through death, is consid-ered abandonment. See also Vanessa P. v. Jackson, 38 cal. App. 4th 1763, 1767-68, 1771 (1996), citing parental death as a form of abandonment, & Cal. Welf. & Inst. Code Section 11250, treating parental death and parental desertion in the same manner. [Child] was al-so abandoned by his mother, [mother’s name,] as she left him when he was about four years old. For the majority of [child’s] life, his mother has not supported him financially or emotionally or communicated with him. The conduct of [child’s] mother falls within the definition of abandonment under the following definitions of abandonment under Cal-ifornia law: Fam. Code Section 3402(a) and Welf. & Inst. Code Section 300(g).”

Item 6: In the space provided below Item 6, w rite w hy it is not in the child’s best interest to be returned to his or her country of origin. Include all the reasons why, and why it is in the child’s best interest to remain in the United States:

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○ “It is not in [child’s] best interest to be returned to [country.] See Fam. Code 3011. [Child’s] parents left him when he was young in [country] and failed to provide for him. As a result, [child] was only able to attend school for a year and was forced to work begin-ning when he was very young. He lived with his uncle in dangerous communities and faced gang violence and threats after witnessing his uncle’s brutal murder at the hands of gang members. In the United States, [child] is safe in the care of his guardian, attending school, and receiving therapy to recover from the trauma he endured in [country.] It is not in [child’s] best interest to return to [country] where he was abandoned, forced to work, could not attend school, and faces violence. It is in his best interest to remain in the Unit-ed States where he is safe and well-cared for, attending school, and receiving the support he needs to recover from the trauma he has endured.”

PETITION FOR THE APPOINTMENT OF A GUARDIAN (GC-210)

For AB900 cases, use GC-210 for the guardianship petition.

Item 2a-d: A copy of Guardianship Petition – Child Information Attachment (form GC 210-CA) must be completed and attached for EACH minor for whom the Petition requests an appointment of a guardian.

Item 4: A proposed guardian is not a nom inee unless one or both of the m inor ’s parents have nominated him/her to serve as the minor’s guardian.

Item 5: The proposed guardian’s intent to adopt the m inor child does not w eigh in the court’s determination of whether to grant the guardianship.

Item 8: Explain w hy the guardianship is necessary or convenient. DO NOT in-clude a reference to the request for SIJS findings, nor facts that are specific to SIJS and irrele-vant to the proposed ward’s need for a guardian. See the example form that follows for sam-ple language.

○ For cases involving a proposed ward who is 18, 19, or 20 years old provide an explic-

it/detailed explanation of how the guardian can/will/must advocate for the proposed ward.

Item 10: The court requires a “Declaration of Due Diligence” w hich sets forth the efforts made to locate individuals listed on Attachment 10. This declaration should NOT be attached to the petition or filed concurrently with the petition. The time between filing the petition and the court hearing should be used to perform due diligence (research and searches for the individuals listed on Attachment 10) only after which a declaration can be filed. A sample Declaration of Due Diligence can be provided upon request.

Item 12: Only check if proposed w ard is 17 years old or younger and then you must attach to the Petition a Declaration Under Uniform Child Custody Jurisdiction and En-forcement Act (UCCJEA) (Form FL-105/GC-120) concerning the minors listed in item 2.

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LETTERS OF GUARDIANSHIP (GC-250)

The first GC-250 example is for scenarios in which a new legal guardianship is being estab-lished (regardless of the age of the ward).

The second GC-250 example is for scenarios in which you are asking to extend an existing guardianship beyond the ward’s 18th birthday.

F. JOINT GUARDIANSHIPS (PEACE OF MIND) In cases where a parent has a terminal illness, it is possible for the parent to request that the court appoint an individual to act as a joint guardian. This allows the joint guardian to have authority to step in to care for the child when the parent is too ill to do so, or passes away. Prob. Code § 2105(f). The parent maintains his or custody over the child. A terminal condition is defined as "an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within a reasonable medical judgment, result in death." Public Counsel's Peace of Mind Program places joint guardianship cases for terminally ill parents with pro bono attorneys. Joint guardianship cases require these additional steps:

1. The parent who will be the joint guardian as well as the joint guardian should be listed as a proposed guardian on item la of the Petition for Appointment of Guardian (GC-210).

2. The parent and joint guardian should both sign item 1, Consent of Proposed Guardian, on the GC- 210.

3. The parent and joint guardian should both be listed in the “Guardian” box on the Notification to Court of Address on Conservatorship/Guardianship (PRO 003)

4. The parent and joint guardian should each sign (separate) Confidential Screening Forms (GC- 212).

5. The parent and joint guardian should both be listed in item 7a of the Order Appointing Guardian (GC-240).

6. The parent and joint guardian should both be listed in item 1 of the Letters of Guardianship (GC- 250) and sign these as well.

7. You will need to file a Declaration from a Physician confirming the parent's terminal condi-tion. See Appendix C for an example.

For additional information please see Public Counsel's publication “Peace of Mind Program: Joint Guardianship of the Person,” available on www.publiccounsel.org. Go to Practice Areas, then Chil-dren's Rights Project, then Publications.

Listed below is the information you will need to file the initial guardianship forms and represent your client(s) at the guardianship hearing in Probate Court. Most of this information is in the case summary letter from the Attorney and the Social Worker. See Appendix D for a sample intake form and case summary letter.

§ 2: INFORMATION NEEDED TO FILE FOR GUARDIANSHIP

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Background Information:

1) Proposed guardian's name, address, telephone number, social security number, birth date, and driver's license number (if applicable).

2) What is the guardian's relationship to the minor? 3) What is the general situation with the child/children? 4) With whom is the minor living? 5) Why do the minor and the guardian think guardianship is necessary/convenient? 6) ls the minor's situation an emergency? 7) Does the proposed guardian or anyone else living in the home have a record of criminal activi-

ty, child abuse, or neglect? Child’s Information:

1) Full name of child, current address, phone number. 2) Date and place of birth (although the forms ask for the child's social security number, this in-

formation is not required by law). 3) Previous addresses for the last five years, with whom minor resided and that person's current

address. 4) Was the minor ever married (if appropriate)? 5) Has the minor ever been removed from the parent's custody because of charges of abuse or

neglect? Family Information:

1) Full names of natural mother and father. 2) Current addresses or last known addresses of parents (or method of contact). 3) Telephone numbers of parents (both home and work). 4) How do/would the parents feel about guardianship being granted? 5) Names and addresses of grandparents (both maternal and paternal). 6) Names, addresses, and ages of all known siblings, including half-siblings.

Procedural Questions:

1) Are there any Juvenile Court, Marriage, Dissolution, Domestic Relations, Custody, Adoption, other guardianship, or any other proceedings against the minor? If so, in which county and which court did the proceeding take place and what is the case number?

2) Is the minor the owner of any property (except personal items)? 3) Is the minor receiving Veteran's Administration benefits? 4) Is the minor receiving public assistance (i.e. CalWORKs (formerly AFDC), SSI, Food Stamps)? 5) Has anyone ever filed an adoption petition for the minor? 6) Does the minor have Native American heritage?

Medical Questions:

1) Does the minor currently require any special medical treatment? 2) Do you know of any medical condition that might require the minor to receive special medical

attention in the future? 3) Is the minor a patient of a mental institution or on leave from one? 4) Does the minor have any other needs that should be addressed?

Other Pertinent Information:

1) Is the proposed guardian receiving public assistance? 2) Is the proposed guardian's home a licensed foster care home? 3) Does the proposed guardian have any intention of adopting the minor in the future? 4) If the petitioner wants to request a waiver of court fees, what is the petitioner's income? 5) What is the petitioner's occupation, employer, and employer's address?

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If you are requesting a Special Immigrant Juvenile Order, you will also need the following infor-mation:

1) Does the youth have a history of abuse, abandonment or neglect? By the parent (s). 2) Is reunification with one or both parents not viable due to this abuse, abandonment or ne-

glect- including the death of one or both parents? 3) Is there a history of involvement by the Los Angeles County Department of Children & Family

Services ("DCFS")? Important: If you learn there is an open dependency court case, contact Public Counsel immediately, as the Probate Court does not have jurisdiction to make any or-ders regarding a child who is under the jurisdiction of dependency court. DCFS will process the child's SIJS case.

4) Does the child have any adoptive parents, stepparents, or guardians? Where are they? Is the child in contact with them?

5) Where is the child currently living? 6) What is the future placement plan for the child? 7) If the guardian were not there to care for the child, would the child likely go into foster care? 8) Is there someone available in the child's country of nationality to care for her? If so, who? 9) Would it be in the child's best interest to be returned to her country of nationality? 10) Has the child had any contact with CIS? Has any application or petition ever been filed for the

child with CIS? What was filed? When was it filed? 11) Has the child ever had a CIS-issued work permit? 12) Has the child ever been arrested by immigration officials? 13) Has the child ever been deported or ordered to depart from the United States voluntarily but

remained in the United States despite the order? If so, when? 14) Was the child actually deported or removed from the United States? If so, when? When did

the child return to the United States? 15) Is the child currently in immigration court removal proceedings? 16) Has the child engaged in any illegal activities since arriving in the United States? If so, and

she has been arrested, contact Public Counsel immediately to discuss obtaining copies of juve-nile delinquency dispositions.

Special Orders: Finally, find out whether the minor or proposed guardian would like to request any special orders in the guardianship petition. For example, the proposed guardian may want to request an order for medical insurance, since the minor's parents remain obligated to financially support the child after the guardianship takes effect (see § 12, infra). Another special order would include a request for Or-der re: Factual Findings to Enable Minor to Apply for Special Immigrant Juvenile Status. For addi-tional information, see the discussion in Section 1 D- Special Immigrant Juvenile Status.

The forms that must be filed initially include:

1. Request to Waive Court Fees [FW-001]. 2. Order on Court Fee Waiver [FW-003). 3. Order Prescribing Notice [DE-200] (to be stamped with the judge's signature when you file). 4. Petition for Appointment of Guardian of Minor (GC-210). 5. Guardianship Petition -Child Information Attachment [(GC-210(CA)] (one for each child sub-

ject to the guardianship) 6. Consent of Proposed Guardian, Nomination of Guardian, and Consent to Appointment of

Guardian and Waiver of Notice [GC-211]. 7. Declaration Under Uniform Child Custody Jurisdiction Act (UCCJEA) [GC-120]. 8. Notification to Court of Address on Conservatorship/Guardianship [PR0-003].

§ 3: REQUIRED FORMS FOR FILING

10

9. Confidential Guardian Screening Form [GC-212]

10. Probate Case Cover Sheet -Certificate of Grounds for Assignment to District [PR0-010].

11. Petition for Appointment of Temporary Guardian of Minor [(GC-110) if needed; see § 10].

12. GC-220 (if you are requesting SIJS findings)

13. Supporting Declarations (if you are requesting SIJS findings)

A sample set of completed probate guardianship forms can be found in Appendix E. You can access fillable forms online at www.courts.ca.gov. Go to “Forms & Rules” at the top. Click on “Browse All Forms” and select the form group “Probate – Guardianship and Conservatorship.” You will find most of the forms here. Fee waiver forms are listed in their own separate category. Finally, the Los Ange-les County forms: “Probate Case Cover Sheet” and “Notification to Court of Address on Guardian-ship” can be accessed through www.lasuperiorcourt.org. Go to Probate, and click “Forms.” You may be the attorney for the minor or for the guardian; do not list yourself as attorney for both. The petitioner for the guardianship can be the proposed guardian, the minor (if age 12 or over), or some other person on behalf of the minor (Probate Code § 1510(a)). On Public Counsel cases, we rec-ommend listing the minor as the petitioner when possible.

(1) Request to Waive Court Fees (FW-001-GC)

Because the court fees for filing and investigating a petition for guardianship of the person total $755 (an additional $60.00 fee is charged if a Petition for Appointment of Temporary Guardian is also filed) and most of our clients are indigent, you will want to file an Application for Waiver of Court Fees and Costs in most Public Counsel cases. Fees are as of 07/01/2016 and are subject to change.

The petitioner (minor over 12, proposed guardian or another person on the minor's behalf) will qualify for a waiver of court fees and costs only if

he/she meets one of the following three requirements:

1. The minor and/or minor’s parent are receiving public financial assistance under one or more of the following programs:

a. Medi-Cal

b. Cal-Fresh (formerly Food Stamps)

c. SSI or SSP (Supplemental Security Income or State Supplemental Payments Program).

This is NOT Social Security Survivors' or Retirement Benefits;

d. County Relief/General Assistance

e. IHSS (In-Home Supportive Services)

f. CalWORKs or Tribal TANF

g. CAPI (Cash Assistance Program for Aged, Blind, Disabled)

§ 4: STEP 1: PREPARING THE INITIAL FORMS

11

2. Minor’s household gross monthly income (excluding the guardian’s income) is less than the fol-

lowing amounts:

3. Minor’s household income is not enough to pay for household basic needs for minor and the peo-

ple supported by minor and also pay court fees and costs (minor’s household's monthly expenses

exceed minor’s household's gross monthly income). This option can be used when Minor’s

household income exceeds the fee schedule and minor does not qualify for requirement #2.

Item 1: Fill in proposed guardian’s information.

Item 2: Fill in attorney’s information.

Item 3: Fill in proposed ward’s (minor’s) information.

Item 4: Fill in minor’s attorney’s information (if an attorney was appointed to the minor).

Item 5: Fill in minor's employment information.

Item 6: Check the first box, indicating that petitioner wishes to waive court filing fee’s for Supe-

rior Court.

Item 7: Check if petitioner/minor has asked the court to wave court fees for this case in the last

six months.

Item 8a: Check if the ward or parents received any of the public benefits listed, and check which

public benefit(s) is being received.

Number in Family Family Income

1 $1,237.50

2 $1,668.75

3 $2,100.00

4 $2,531.25

5 $2962.50

6 $3,393.75

Each additional family member $433.34

NOTE: The fee waiver is based on household gross monthly income. A "household" includes anyone who supports the minor and whom the minor supports. The guardian’s income is not included in the gross monthly household income of the minor. Other adults who live in the home are not considered part of the "household" if their finances are separate (they pay their own portion of the expenses).

NOTE: The list of qualifying income for fee waivers is updated periodically. The most recent qualifying income information is found on Judicial Council Form FW-001 accessible at www.courts.ca.gov/forms.

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Item 8b: Check if the ward’s household income is not more than the amounts listed.

Item 8c: Check if the ward’s household does not have enough income to pay for basic needs and

court fees.

Item 9: Check “Person only, no estate” for guardianships of the person.

Item 10: Fill in minor’s parent’s information.

Item 11: Check “Person only no estate” for guardianships of the person.

Item 12: Leave blank for guardianships of the person.

Item 13: Leave blank for guardianships of the person.

Item 14: Check if the ward’s income is very volatile.

Item 15a: Fill in only the ward’s monthly finances, if any, separated by sources. Write “0” if the

ward has no income.

Item 15b: Fill in the total amount of ward’s monthly income. Write “0” if the ward has no income.

Item 16a: Fill in the ward’s household members’ income, separated by individual members. This

includes other children/wards included in the guardianship petition. Each ward re-

quires their own fee waiver, so the wards not included in the current fee waiver should

have their income or “0” written here.

Item 16b: Fill in the total amount of the household’s income. Write “0” if there is none.

Below Item 16, fill in the total of Items 15b and 16b together. Write “0” if the house-hold and ward’s income is none.

(2) Order on Court Fee Waiver (FW-003-GC)

Item 1: Fill in guardian’s information.

Item 2: Fill in your (attorney’s) information.

Item 3: Fill in ward’s information.

Item 4: Fill in ward’s attorney’s information (if an attorney was appointed to the ward).

Item 5: Check if the court previously waived a fee in this case, and include the date of the waiv-

er.

Item 6: Check “Request to Waive Court Fees.” Leave the rest blank; it will be filled by the clerk.

NOTE: Guardian’s income is not included anywhere in the fee waiver.

PRACTICE NOTE: If the petitioner qualifies for a fee waiver under Gov. Code §68632 then the court must allow complete waiver of court fees, including reasonably necessary certification and copying. See Cal. Rules of Court §3.55. See Section 9 about certifying documents.

NOTE: Fill in the second box on the right hand column with the name and address of court. Fill in the case name as “Guardianship of __________” (minors/wards).

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The Fee Waiver Application should be granted in whole when a petitioner receives any of the forms of financial assistance in Item 8a of the Application or when the petitioner qualifies for a fee waiver based on Item 8b of the Application. Waived fees include filing and investigation, fee which com-prises a total of $815.00, and the additional costs of copying and certification. This Order will be ap-proved at the time of filing. If Petitioner seeks a fee waiver based on Item 8c of the Application, the clerk will accept the documents for filing and forward the Fee Waiver Application to a judge for re-view. If the fee waiver is denied, the Petitioner will be notified by mail and must pay the filing fees or submit a Request for Hearing (FW-006) within 10 days of this notification or the filing will be void-ed. Cal. Rule of Court § 3.52(1), Gov. Code § 68634.

(3) Order on Court Fee Waiver (FW-003-GC)

Input the information exactly as it is written on the sample form in this manual. The Order specifies

that the parents must be personally served and that the relatives of second degree must be served by

mail. You should not specifically name any of the persons who need to be served, nor omit any infor-

mation even if you do not expect to be able to serve that person. Also, in Item 2 add the words "and a

copy of the petition."

(4) Petition for Appointment of Guardian of Minor (GC-210) If the Proposed Guardian speaks only Spanish, in the header, on the line next to "Attorney for," write "Spanish Speaking only". This will prompt the court to assign a Spanish- speaking investigator to the case. Item 1: Do not forget the name of the petitioner on the first line. Remember that the petitioner

is not always the proposed guardian, and may be the minor if 12 years old or older, or

another person on behalf of the minor (Probate Code § 1510(a)). If the guardianship is

over multiple siblings and the oldest sibling is age 12 or over, the oldest sibling can be

the petitioner for all the siblings. Use full legal names as listed on the birth certificate.

Petitioner and/or guardian must sign forms exactly as their names are listed through-

out the forms. Only one person needs to be listed as petitioner, even if there is more

than one proposed guardian. However, in Peace of Mind cases, it is helpful to list an-

other person instead of or along with the terminally ill parent as a petitioner, in the

event that the parent passes away before the guardianship hearing. This would avoid

having to re-file the case under a new petitioner

Item 1a: Fill Type in the name and address of the proposed guardian or guardians, or in a joint

guardianship, the name and address of the parent who has a terminal illness and the

name and address of the person(s) that the parent chooses to serve as joint guardian

(s). Use full legal names as listed on the birth certificate.

Item 1b: Fill Leave blank. This is for guardianship of the estate cases only. If you have more

than one guardian of the person, list all proposed guardians in item l a.

Item 1c: If the guardianship is of the person only, bond is not necessary. Check box 1 , "bond

not be required," and check "because the petition is for guardian of the person only."

Item 1d Do not check these; they are inapplicable. & e

Item 1f: Fill If notice is not possible, (i.e., because the person is deceased or his whereabouts unknown), or more importantly, if notice to certain persons would be detrimental to

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the interests of the child (i.e., the person is violent), describe those facts in an Attach-

ment 10 (see Item 10 below). Please note that the request to dispense with notice will

not be decided until the hearing. If the judge determines that notice is appropriate, the

hearing will be continued so notice can be completed.

Item 1g: If the petitioner seeks other orders, include them in an Attachment lg. Examples of oth-

er orders include: an order regarding the minor's eligibility for special immigrant juve-

nile status, order for continued health insurance coverage (see discussions in § § 2 and

9), or an order specifying parental visitation rights.

Item 2: Fill in each minor's complete name as listed on his/her birth certificate and date of

birth. If there are more than four minors at issue, the names and dates of birth of the

additional minors should be set forth in Attachment 2.

Item 3: Check the box that applies to the petitioner.

Item 4: If the proposed guardian is related to the minor, check box (b). If the proposed guardi-

an is not related to the minor, check box (c)

Item 5: Though Item 5 literally asks if the petitioner intends to adopt, the relevant inquiry

should be whether the proposed guardian intends to adopt. If the proposed guardian

intends to adopt, check this box. If the proposed guardian is unsure of her answer to

this question, it may be left blank .

Item 6: Check the boxes that apply only if a person other than the proposed guardian has been

nominated by a will or another written nomination. If so, affix the nomination in an

Attachment 6.

Item 7: Leave blank; it is inapplicable to guardianships of the person.

Item 8: Check the box by "person." In the space provided, set forth the reasons appointment of

a guardian of the minor is necessary and convenient. If needed, continue in Attach-

ment 8. If parental custody of the minor would be detrimental to the minor, check the

box and explain the reasons in Attachment 8. Explain why the parents are unable to

care for the minor, as well the relationship between the child(ren) and the proposed

guardian(s), and why the proposed guardian(s) would be a suitable caregiver(s) for the

child(ren). If guardianship of the person is being sought over a parent's objection, the

attachment should state facts establishing that leaving the child in the parent's custody

would be detrimental to the child and that granting guardianship would be in the

child's best interests (see § 1, supra). If there is a request for SUS findings, be sure to

also detail facts of abuse, abandonment, or neglect. Also explain why it is not in the

child's best interests to be returned to his or her country of nationality. Keep in mind

that all parties, including parents, grandparents, and siblings of the minor over age 12,

DCFS, and CDSS (if the proposed guardian is unrelated to the child) must be served

with this attachment, as it is part of the Petition. Discuss with the minor and proposed

guardian what information they wish to include in this attachment. This attachment

should conclude with a paragraph stating, "For the reasons stated herein, the petitioner

requests all the powers set forth in Probate Code §§ 2351-2358 normally incidental to

the proper conduct of a general guardian of the person and for such other relief as this

Court deems suitable and proper under the circumstances."

Item 9: Leave blank; it is inapplicable to guardianships of the person.

15

Item 10: Check this box only if item 1f was checked. A request to dispense with notice may be

granted if these persons cannot with due diligence be given notice (i.e., if they are de-

ceased or their whereabouts unknown; see § 6C regarding how to do a due diligence

search) or doing so would be against the interests of justice (see § 6D, infra). Attach-

ment 10 should include the names of persons that are deceased or have not been locat-

ed or notified and the diligent efforts made to notify those persons or the reasons why

notification would be against the interests of justice.

Item 11: Complete this section if the proposed guardian is not a relative. If the petitioner is not the proposed guardian, include an Attachment 11b, which includes the following or its equivalent: The undersigned is the proposed guardian of the person of [name], a mi-nor, in these proceedings. The undersigned will promptly furnish all information re-quested by an agency referred to in Probate Code § 1543.

Dated: ________ ___________________________ Signature of proposed guardian

Check the boxes in 11 (c) and/or (d) if appropriate.

Item 12: Check this box.

Item 13: Check each appropriate box for the documents filed with the petition.

Item 14: Note the number of pages that are attached to the Petition.

Make sure that you sign and date the form and that each petitioner signs and dates the form.

(5) Guardianship Petition - Child Information Attachment (GC-210(CA))

A Child Information Attachment must be filled out for each child subject to the guardianship. Make sure that you write the names of all minors involved at the top of the form, and just below, the name of the specific child that form refers to. Each form should be attached to item 2 of form GC- 210; check the corresponding box. Then check the box just below, indicating if it is a guardianship of a person or of an estate. Item 1a-b: Enter the child's full legal name, date of birth, address, and telephone number. Make

sure you are using the same name consistently throughout the petition and all attach-

ments.

Item 1c: Check this box to indicate whether the child has Native American heritage. If the an-

swer is "Not sure" or "No," then answer item (2). If the answer for either (1) or (2) is

"Yes," then the Notice of Child Custody Proceeding for Indian Child (Form ICWA-030)

must be filled out and notice must be mailed according to the ICWA special notice pro-

cedure. Refer to § 6B, infra, for additional information.

Item 1d: Check the box that applies.

Item 1e: Check the box that applies. The child's receipt of public benefits is relevant both to the

need for guardianship and the waiver of fees. Specify in the boxes provided the type

and amount of aid the child is receiving.

Item 1f: Complete this item if a court has ordered legal custody or if a parent claims legal custo-

dy and give the name and address of the legal custodian. Leave blank if unknown.

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Item 1g: If the child lives with someone who does not have legal custody of the child, check this

box and specify who the child lives with. This is usually the proposed guardian(s).

Item 1h: Check the box if applicable, and enter information concerning any adoption, juvenile

court, marriage dissolution, domestic relations, custody, or other similar proceedings

affecting the minor in the provided boxes. Attach copies of any relevant orders or

pending proceedings, if available.

Item 1i: Check this box if applicable, and enter the name of the institution the child is presently

at, or on leave from.

Item 2: List the names and addresses of all relatives within the second degree (parents, grand-

parents, siblings or half-siblings) (Probate Code § I 510(c)). If space is inadequate for

additional siblings, names can be included in an Attachment 2 - Other Siblings. If there

is a person nominated to be the child's guardian other than the person you are repre-

senting, list their information at the bottom of item 2.

Item 3: Write the name of the proposed guardian in item 3a. Indicate in item 3b the relation-

ship they have to the child (i.e., "Maternal Aunt", "Step-Sister", etc.). If the proposed

guardian is not a relative of the child, include a brief description of his or her connec-

tion to the child .

It is very important that the proposed guardian be accurately identified as related or

not related on the petition. This will impact who will conduct the guardianship inves-

tigation (court investigator's office for related guardians, DCFS for unrelated guardi-

ans) and which type of government benefits the guardian can apply for (CalWORKs

for related guardians, foster care- a much higher benefit than CalWORKs- for unre-

lated guardians).

Item 4: In the space provided, set forth the reasons for appointing the person in item 3 as

guardian of the minor. These should be substantially similar to the reasons set forth in

item 8 of the petition. Be sure to describe why this person in particular is best suited to

care for the child. If you need more space, continue in Attachment 4 - Best Interest of

Child. In the alternative, you can refer back to your reasons in Attachment 8 (Form GC

-210).

Item 5: Indicate whether the mother and father of the child agree to the proposed guardian-

ship. If unknown, check "Not known at this time." If either parent agrees, he or she can

nominate the guardian on the "Nomination of Guardian" form (GC-211).

Item 6: Check the boxes as appropriate.

Item 7: Check this box if the petitioner is not the proposed guardian. If so, specify in the space

provided the petitioner's relationship to the child.

NOTE: A relative is defined as: Any person related to a minor child by blood, marriage or adoption who is within the fifth degree of kinship to the child. This includes: (1) The father, mother, brother, sister, half-brother, half-sister, uncle, aunt, first cousin, first cousin one-removed, nephew, niece, or any such person of a preceding generation with the prefixes grand, great-, great-great-, or great-great-great. who has as-sumed primary responsibility for the care of a minor child; (2) The stepfather, stepmother, stepbrother, or stepsister; (3) The spouse of any of the above persons, even after marriage has been terminated by death or dissolution.

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Item 8: If the child has no known Indian ancestry, check box (c) and (8). Include an attach-

ment with the names, addresses, and phone numbers of the individuals interviewed to

obtain information on Indian heritage, and the date or dates the interview took place.

In Public Counsel cases, this information is asked at our intake meeting.

Again, be sure to fill out a separate Child Information Attachment (GC-

210 (CA)) for each child at issue and attach all forms to the GC-210.

(6) Consent of Proposed Guardian, Nomination of Guardian, and Consent to Ap-pointment of Guardian and Waiver of Notice (GC - 211)

This form is actually three documents printed on the same page. Have the proposed guardian(s) sign both the consent (top) portion of one form and, if appropriate, the waiver of notice (bottom) portion of the same form. If there are two proposed guardians, they can sign the same consent form (simply insert a signature line above the existing proposed guardian signature line). Since minors over the age of 12 are also entitled to notice (see § 6A), have the minor sign the waiver of notice as well (minor can sign on the same form as the proposed guardian). Any relatives entitled to notice (see § 6A and § 6B) can waive that right by signing the waiver portion of the form. You may submit additional Con-sent and Waiver forms after the initial filing, if additional time is needed to obtain signatures from relatives who are entitled to notice but willing to sign the Consent and Waiver of Notice. If the parent(s) of the minor consent(s) to the appointment of the proposed guardian, have each par-ent(s) sign a separate form on the nomination of guardian (middle) portion of the form. Each parent can also sign the waiver of notice portion of the form if they wish to waive notice. If you are filing a joint guardianship, both the parent and proposed guardian must sign the Consent of Proposed Guardian.

(7) Declaration Under Uniform Child Custody Jurisdiction Act (UCCJEA) (GC-120) List the minor's periods of residence and addresses for the past five years. The person who signs this declaration can be the petitioner, the parent, or another person.

(8) Notification to Court of Address on Conservatorship/Guardianship (PR0-003, Confidential Form)

The court will require this form in the initial filing. If the guardian does not have a social security number or a driver's license, write "none." The guardian's immigration status is not relevant to the guardianship proceeding. The minor's social security number is not required by law. You do not need to fill out the 2nd page of the form. This form is required in the initial guardianship filing, and can be printed on white paper (the filing window at the Central courthouse will accept it even though the form indicates that it should be printed in yellow paper). However, after temporary or permanent guardianship has been ordered, you will need to give a yellow copy of this form to the clerk before the Letters of Guardianship will be issued.

(9) Confidential Guardian Screening Form (GC - 212)

Each proposed guardian must submit one of these forms. Item 1: Fill in proposed guardian's name, date of birth, social security number, driver's license

number, and telephone numbers. If the guardian does not have a social security

18

number or a driver's license, write "none." The guardian's immigration status is not

relevant to the guardianship proceeding. A separate form must be used for each pro-

posed guardian. In joint guardianship cases, the parent must also complete this form.

Item 2-19: Answer all questions and explain "yes" answers in attachments. Please note that a

"private professional fiduciary” is defined in Business and Professions Code § 6501(1)

means "a person who acts as a conservator or guardian for two or more persons at the

same time who are not related to the professional fiduciary or to each other by blood,

adoption, marriage, or registered domestic partnership."

(10) Probate Case Cover Sheet-Certificate of Grounds for Assignment to District

(PR0-010) On the first page, check the box for “Petition – Appoint Guardian of Person Only,” number 3051. The attorney signs this form at “Step 3” and submits it when filing the petition. Los Angeles County cases may only be filed in the Central District or Antelope Valley courts. We strongly recommend that all Public Counsel pro bono cases be filed in the Central District. Fill in “Step 4” if the client speaks a language other than English and requires a court interpreter. Fill in Step 5” on the third page, which includes the ward(s)’ information.

(11) Petition for Appointment of Temporary Guardian (GC - 110) Item 1: Insert name of petitioner on first line.

Item 1a: Type in the name and address of the proposed temporary guardian, or in a joint guardi-

anship, the name and address of the parent who has a terminal illness and the name

and address of the person(s) the parent chooses to serve with the parent as joint guard-

ian(s).

Item 3: Fill in attorney information.

Item 4: Check the appropriate box, depending on who the petitioner is. Also check the third

box if the petitioner is one of the proposed wards and is at least 12 years old.

Item 5: Check box for the relationship between the minor(s) and proposed temporary guardi-

an.

Item 6: Insert each child’s information, including name, address, and phone number.

Item 7: Explain why the temporary guardianship is necessary. If more space is needed, use At-

tachment 7: Reasons for Appointment of Temporary Guardian. A temporary guardian-

ship is only to be issued in the case of an emergency, such as the child is unable to re-

ceive medical care or is in danger of being harmed in some way (i.e. via parental

abuse).

Item 8: Check here that minors will attend hearing--unless there is a very good reason for mi-

nors not to attend (illness, standardized tests, minor under age of 4).

Item 9: Check the appropriate boxes if you are requesting notice to the mother and/or father to

be excused for the temporary hearing. If you are requesting excused notice, check the

appropriate box and write the parent’s name in, Explain below why good cause exists to

excuse notice.

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Item 10: Indicate the number of pages attached to the temporary guardianship petition.

Attorney must sign and date. Petitioner(s) must sign and date.

See Appendix E for a sample set of completed guardianship forms.

(12) Additional forms if you are requesting that the court make SIJS findings (See Appendix B for samples).

(a) GC-220: The petition for SIJS Findings. Attachm ents 5 and 6 m ust clear ly reflect

that the child's situation is consistent with the SIJS findings you are asking the court to make. The SIJS petition is filed concurrently with the other guardianship forms, but is not attached to any other form.

(b) Supporting Declarations: Along w ith the SIJS Petition, you should file declara-tions to provide a factual basis for the SIJS findings. The declarations can be from the pro-posed guardian and the child and/or other person who may have pertinent knowledge. Re-member to cite to the declarations in your Attachments 5 and 6 to the SIJS Petition. The dec-larations are filed concurrently with the other guardianship forms, but they are not attached to any other form. The declarations should cover these basic facts:

1. Facts that set for the basis for a finding of abuse, abandonment, or neglect:

a. Describe specific instances of abuse or neglect

b. If abandonment is the basis for eligibility, describe the lack of contact by the parents. The death of a parent is considered a type of abandonment.

2. Facts that set forth the basis for a finding that reunification with one or both parents is not viable. For example:

a. The parent has stated he/she is not interested in or capable of taking care of the child.

b. There has been no contact (or minimal contact with the parent for a significant period of time (typically at least a year)). Discuss both long- distance and in-person contact.

c. The parent has not supported the child financially (or has only provided very minimal financial support).

d. The parent is unavailable – for example, he or she is incarcerated for a long period of time or is out of the country and unable to return.

e. The parent is not making efforts to address the issues that had prevented him or her from adequately caring for the child-for example, attending substance abuse treatment, therapy, parenting classes, job training, or domestic violence classes.

f. The parent has not participated in child's extracurricular activities or education.

g. There is a history of abuse or neglect that is so prevalent and the child is so traumatized that it would be detrimental to the child to reunify with the parent.

3. Facts that form the basis for a finding that it is in the child's best interest to remain in the United States and not return to his/her country of nationality.

a. Is there anyone in the child's country of nationality who could care for him/her?

b. Even if there is someone who could care for him/her, would the child's quality of life be significantly worse in his/her country of nationality?

c. Is the child's family-grandparents, siblings-living in the United States?

d. Does the child have special needs that would be better met in the United States?

20

e. What are the conditions in the child's country of nationality- economic, social or politi-cal-that may be detrimental to him/her?

f. Where does the child want to live?

g. What kind of employment and educational options would the child have in his/her country of nationality?

(c) GC-224: Order Regarding Minor 's Eligibility for Special Im m igrant Juvenile Sta-

tus "SIJS Order.” The SIJS Order should not be filed with the other initial forms, but instead brought to the guardianship hearing along with the Order Appointing Guardian (GC-240), Letters of Guardianship (GC-250), and Duties of Guardian (GC-248) (see Section 9).

1. Did you use the child and proposed guardian's full names as reflected on their birth certifi-

cate or California ID? 2. Did client sign AND date the guardianship petition? 3. Did client sign using EXACTLY the same name as listed on petition and use BLACK ink? 4. Did you use the EXACT same name (first, middle and last) on each form? 5. If applying for a fee waiver based on #5c on the FW-00 1 (not enough money to pay for

basic needs and pay filing fee), did you attach proof of income, copies of bills, banks state-ments, etc.?

6. Did you two-hole punch all original documents?

All residents of Los Angeles County must file the guardianship petition and related documents at the Los Angeles Superior Court (Central District) located at 111 North Hill Street, Los Angeles, California 90012. Accordingly, this manual gives instructions tailored to the procedures for filing guardianship petitions in the downtown Los Angeles courthouse. If you file any declarations or pleadings, be sure to properly label them at the bottom for represented cases Cal. Rule of Ct. 2.110. E-filing is now mandatory you will need access to an e-filing account. Please contact us if you do not have access to an e-filling account. You will be filing the following forms

electronically:

Originals

FW-001: Application for Waiver of Court Fees and Costs with proof of income attached

FW-003: Order on Application for Waiver of Court Fees and Costs

GC-022: Order Prescribing Notice

Petition for Appointment of Guardian of Minor with attachments (staple together the GC- 210, and all GC-210(CA)s)

GC-211: Consent, Nomination, and Waiver of Notice

GC-120: Declaration Under UCCJEA

Probate Case Cover Sheet

Notification to Court of Address on Guardianship (preferably on yellow paper)

GC-212: Confidential Guardian Screening Form(s) (with attachments, if applicable)

If requesting SUS findings, include: ○ GC-220: Petition for SIJS Findings (and any attachments) ○ Supporting Declaration(s)

If applicable: Petition for Appointment of Temporary Guardian (GC-110)

PRACTICE NOTE: Check to make sure you did all of the following prior to filing:

§ 5: STEP 2: FILING THE FORMS

21

If the fee waiver is denied, you must pay the filing fee or request a hearing within 10 days or your filing will be voided. To r equest a hea r ing on the fee w a iver denia l, sub-mit form FW-006. Call the Probate Filing Window to check on the status of your fee waiver request if you have not received communication from the court within a week after you filed your documents. If you have questions about probate filings, the probate clerk's phone number is 213/830-0850. Phone hours are from 8:30-10:30 a.m. and 1:30-3:30 p.m. After you file, be sure to send your client a "Court Letter" with information regarding

the date, time, and location of the hearing. See Appendix F for sample.

Notice of the guardianship hearing must be given at least 15 days prior to the hearing (Probate Code § 151l(a)) to certain individuals and entities. However, if any of these persons have consented to the guardianship petition by signing the Waiver of Notice section of the Nomination, Consent, and Waiv-er form, notice to them is not necessary. If you want the court to waive notice to any person because: (1) the person cannot with reasonable diligence be found (see § 6C, infra) or (2) notifying the person would be against the interests of justice (see § 6D, infra), you may make that request in the GC-210, items 1 f and 10. You should also submit a declaration of due diligence prior to the hearing describ-ing the ways you attempted to locate the whereabouts of the person, which failed (see § 6C, infra for additional information). If you are requesting SUS findings, you must also serve copies of the GC-220 and supporting decla-rations on each of the persons or entities to whom you are giving notice. Notice of SIJS petitions can also be waived, and a sample is found in Appendix B. Notice of Hearing-Guardianship Form (GC-020 and GC-020P) For individuals who are being served either by mail or in person, after you file the initial guardian-ship forms with the court, you will need to complete the Notice of Hearing form. You will be sending the Notice of Hearing along with the Petition for Appointment of Guardian and attachments (GC-210 and GC-210(CA)) to all persons served, whether by personal service or by mail. Item 1: Indicate the name of the petitioner and the name of the document filed (Petition for Appoint-

ment of Guardian). If you have filed a temporary guardianship petition, you should

complete a separate Notice of Hearing for the Petition for Appointment of Temporary

Guardian. If you are requesting SUS findings, be sure to refer to the additional docu-

ments that the petitioner has filed-for example, the GC-220 and any supporting decla-

rations.

PRACTICE NOTE: Pursuant to Rules 2.550 and 2.551 of the California Rules of Court, records, not otherwise pro-tected by State confidentiality laws, may be sealed. Rule 2.551 dismisses procedures to have your clients records sealed. If you fee the SIJS facts of your clients case are so sensitive, you may request they be sealed.

§ 6: STEP 3: COMPLETING THE NOTICE REQUIREMENTS

NOTE: The fee waiver will be accepted electronically without payment of a fee if you submit a fee waiver request. If your fee waiver request is based on Item 8a of the FW-001, it will be approved at the time of filing. If the fee waiver request is based on Item 8b or 8c, the request will be forwarded to a judge for review. You should receive a notice of the judge's decision in the mail within a week.

22

Item 4: Fill out the date, time, and location of the hearing. At the Los Angeles Central court-

house, guardianship hearings are held at 10:30 a.m.

The second page, proof of service by mail, and GC-020P, proof of personal service (attached as the

third page) must be completed and signed according to how notice was completed. This document

may be filed in Room 429 or the no-fee-filing window in Room 426. You may also file it with the

courtroom clerk on the day of the hearing.

A. PERSONAL SERVICE

Pursuant to Probate Code § 1511(b) the following persons must receive personal notice of the hearing

unless they sign the waiver of notice form:

1. Parents of the minor (natural or adoptive);

2. The minor, if age 12 or over; (although because the minor usually will be attending the hearing

with the proposed guardian, service is not necessary.)

3. Any person nominated by will or other document to be guardian; and

4. Any person having legal custody of the minor, or serving as guardian of the estate.

To arrange for personal service, you must have someone other than the proposed guardian, who is at

least 18 years old, personally hand the Notice of Hearing form and the Petition (including all attach-

ments) to the persons listed above. In SIJS cases, also serve a copy of the GC-220 and any support-

ing Declarations. You should also complete the Proof of Service (Personal) form and give it to the

person whom you have arranged to serve the documents. Have that person fill out the items, sign

and date the form, and return to you, so it can be filed. You may file in Room 429 or 426 before the

hearing or with the courtroom clerk on the day of the hearing.

Incarcerated Parents In the event you need to locate a parent who is in County Jail (as opposed to State Prison), you may do an inmate search at https://app4.lasd.org/iic/ajis_search.cfm or by telephone at (213)473-6100 with the person's name and, if known, date of birth. You should be able to get information related to the arrest, charges, and court dates. The Sheriff’s Department can personally serve an inmate in LA County jail. Service is free if the petitioner has a court fee waiver, but you must submit a certified copy of the fee waiver order. Certified copies can be obtained in Room 112. To locate a prisoner in a State Prison, you may call (916)445-6713 with all the above information or

look in the following website: http://inmatelocator.cdcr.ca.gov/. Request the prisoner's CDC#

(California Department of Corrections' number) and the prison at which the prisoner is located and

ask to speak to someone in the legal or litigation office. Ask for the prison's process for completing

personal service on an inmate. Each prison has a slightly different process .

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If you are unable to arrange for personal service, California allows Substituted Service by Acknowl-

edgment and Receipt (Code of Civil Procedure § 415.30) in lieu of personal delivery. You will need to

complete the Notice and Acknowledgment of Receipt form and send two copies of it along with the

Petition, attachments, Notice of Hearing, and a return envelope, postage prepaid and addressed to

the sender. Persons who receive the Notice and Acknowledgment of Receipt are required by law to

sign the form and return it to you within 20 days (or they will be required to pay any expenses neces-

sary to arrange to have the documents personally served on them).

B. SERVICE BY MAIL

According to Probate Code §§ 1511, 1516, and 1542, the following persons and agencies must be noti-

fied by mail. Certified mail is not required, but may be advisable:

(1) The grandparents of the minor (both maternal and paternal).

(2) The siblings of the minor over the age of 12 (including half and adoptive siblings). Siblings

under the age of 12 are considered to be served if a parent or guardian with whom they reside

is served, so generally no additional notice to them is necessary.

(3) The person with whom the child lives with, even if that person does not have legal custody of

the child.

(4) Department of Children and Family

Attn.: Guardianship Section

201 Centre Plaza Drive

Monterey Park, CA 91754

(5) California Department of Social Services

744 “P” Street

Sacramento, CA 95814-6413

(6) If the Minor is in or on Leave from a State Mental Hospital

California Director of Mental Health

Department of Health and Welfare

1600 Ninth Street

Sacramento, CA 95814

(Probate Code §§ 1461; 151(d)).

(7) If the Minor is Receiving Veteran’s Administration Benefits:

Veteran’s Administration

Los Angeles Regional Office

Benefits Division

11000 Wilshire Boulevard

Los Angeles, CA 90024

(Probate Code §§ 1461.5; 1511 €).

NOTE: The Only unrelated proposed guardians must serve notice to this agency. See Prob. Code § 1542.

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(8) If the Minor has or may have Native American Heritage: (PC §§ 1460.2, 1511(i))

NOTICE FOR INDIAN CHILDREN

Notice requirements for children with actual or possible Native American heritage are complex.

Please read the discussion below carefully and contact Public Counsel if you have questions. The no-

tices described below must be completed as soon as possible, because the agencies and tribal author-

ities entitled to notice are given up to sixty days response time before a guardianship can be estab-

lished. Also, proceedings that take place without proper notice may violate the Indian Child Welfare

Act, and any action taken in such a proceeding may be subject to invalidation (25 USC § 1914).

1) The first step is to determine whether the child is a "child of Indian descent" or an "Indian child"

pursuant to the Indian Child Welfare Act ("ICWA").

a. The Act defines an "Indian Child" as any unmarried person who is under age eighteen and is

either:

i. a member of a federally-recognized Indian tribe or

ii. is eligible for membership in a federally recognized Indian tribe and is the biological child

of a member of a federally recognized Indian tribe (25 USC § 1903(4)).

2) A petitioner knows or has reason to know that the child is an Indian child-and notice is triggered-

when there is evidence "suggesting" that the minor "may" be an Indian child. Neither the child

nor the child's parents must be enrolled in a tribe for a child to qualify as an Indian child. For ex-

ample, notice requirements under the ICWA are triggered when a parent claims that his or her

grandparents are of Native American ancestry even though neither parent is enrolled in an Indi-

an tribe. In re Antoinette S., 104 Cal. App. 4th 1401 (2002).

3) If the petitioner knows or has reason to know that the child is an Indian child and if the petitioner

knows the identity and location of the child's parent(s), Indian custodian, and tribe(s), then no-

tice must be given to the following:

a. Child's parents, including adoptive parents;

b. Child's Indian custodian (if the child is living with an Indian person who has legal custody of

the child under tribal law or custom or under state law, or if the parent asked the Indian cus-

todian to take care of the child);

c. Child's tribe or tribes (all tribes with which the child is potentially affiliated);

d. Sacramento Area Director, Bureau of Indian Affairs, Federal Office Building, 2800 Cottage

Way, Sacramento, California 95825; and

e. Secretary of the Interior, 1849 C. Street, N.W., Washington, D.C. 20240

25

4) If the petitioner knows or has reason to know that the child is an Indian child and if the petitioner

does not know the identity or location of the child's parent(s), Indian custodian, or tribe(s), then

notice must be given only to the Sacramento Area Director, Bureau of Indian Affairs, Federal Of-

fice Building, 2800 Cottage Way, Sacramento, CA 95825.

5) Method of Notice (Cal. Rules of Court 7.1015(c)):

a. Notice must be sent by registered or certified mail with return receipt requested. Additional

notice by first-class mail is recommended but not required;

b. Notice to the tribe must be to the tribal Chairperson unless the tribe has designated another

agent for service in the BIA list of designated agents;

c. Notice must be sent as soon as it is known or there is reason to know the child is an Indian

child; and

d. Notice for all hearings must continue to be sent to all federally recognized tribes of which the

child may be a member or eligible for membership until the court makes a determination as to

which tribe is the child's tri be or determines that the ICWA does not apply.

6) Contents of Notice (Cal. Rules of Court 7.1015(c)):

a. Copy of the original petition for guardianship, which includes the ICWA-01 0(A), Indian Child

Inquiry Attachment;

b. Copy of form ICWA-030, Notice of Child Custody Proceeding for Indian Child.

7) Form ICWA-030, Notice of Child Custody Proceeding For Indian Child

a. Fill in the petitioner's contact information at the top. Check the "guardianship" box in the

"Notice of child custody proceeding for Indian child" box. Fill in the case number, hearing

date and department number in the appropriate boxes.

b. If the petitioner knows or has reason to know that the child is an Indian child and if the peti-

tioner knows the identity of the child's parent(s) or legal guardian(s), Indian custodian and

tribe(s), then check all of the boxes in the "Notice To" section. Notice must be given to the

child's parent(s) or legal guardian(s), Indian custodian, tribe(s), the Secretary of the Interior

and the Sacramento Area Director.

c. If the petitioner knows or has reason to know that the child is an Indian child, but the peti-

tioner does not know the identity or location of the child's parent(s), Indian custodian and/or

tribe(s), then only check the box labeled "Sacramento Area Director, BIA."

Item 1: Fill in the child's name, date of birth and place of birth.

Item 2: Fill in the hearing information.

Item 3: List all of the Indian tribe names in which the child is or may be eligible to be a mem-

ber.

Items 5 - 9: Fill in all the information available. This information is important in order to help the

tribes determine whether the children is a member or eligible for membership in a

26

tribe or, if notice is only sent to the BIA, in helping the BIA determine in which tribe(s)

the child is a member or eligible for membership.

All the petitioners must sign and ate the form.

8) The original ICWA-030 all return receipts, and responses received must be filed with the Court

before the hearing (Cal. Rules of Court 7.1015(c)).

9) Notice of each hearing must be provided to the appropriate parties until the tribe or BIA provide

a conclusive answer (that the child is or is not an Indian child), or the court makes an evidentiary

finding that it has no reason to know the child is a member of or eligible for membership in an

Indian tribe.

10) If proper notice has been provided and neither a tribe nor the BIA has provided a response on the

child's Indian status within 60 days after receiving notice, then the court may determine that the

ICWA does not apply to the proceedings (Cal. Rules of Court 5.482(d)(l )).

11) If the BIA was the only party notified, the BIA has an initial period of 15 days after receipt of no-

tice to notify the child's parents or Indian custodian, and/or Indian tribe of the pending action

(25 CFR § 23.1 l (f)).

12) The court hearing may not take place until 10 days after receipt of notice by the parent, Indian

custodian, tribe, and/or the BIA (Cal. Rules of Court § 5.482(a)(l )).

13) If an Indian tribe responds in the affirmative that the child is a member of or eligible for mem-

bership in its tribe, then the tribe has a right to intervene in the proceedings. On request, the

court must grant the parent, Indian custodian, or tribe up to 20 additional days to prepare for the

proceeding (Cal. Rules of Court 5.482(a)(3)).

C. DILIGENT EFFORTS TO LOCATE THOSE ENTITLED TO NOTICE

The court can waive the notice requirement if the petitioner shows that a person entitled to notice

"cannot with reasonable diligence" be given notice (Probate Code § 151 l (g)(l)). In general, courts re-

quire the petitioner to make greater efforts to locate and notify the parents than others entitled to

notice. Also, if the minor has had significant contact with the parent, courts will require more evi-

dence of efforts to notify than if the minor never knew the parent.

To satisfy the requirement of a due diligence search we suggest, a minimum, the fol-

lowing steps:

(1) Asking all known relatives about the person's last known address; (2) checking directory assis-

tance in the community where the person was last known to reside; (3) searching on the Internet,

including social media sites if appropriate; (4) contacting current or former employers; and (5)

attempting contact through e-mail, and former phone numbers and addresses.

NOTICE INSTRUCTIONS: You (the attorney) must complete and sign the declaration of mailing on page 9 and the information about the parties notified on page 1.

27

You also may want to make the following additional efforts. First, find out if a caregiver for the mi-

nor receives or received public assistance benefits on behalf of the minor. If so, the agency paying the

aid was required to search for the absent parent in order to seek recovery from the parent. The agen-

cy's inability to find the parent may provide evidence of a diligent search.

Second, if the parent is on probation or parole, or is in prison or jail, correctional officials should

help you locate the parent. In Los Angeles County, inmate information can be obtained through the

Sheriff Department website, at http://app4.lasd.org/iic/. If the parent is in state prison and you

have the parent's date of birth, you can call the state Department of Corrections at (916) 445-6713 or

go to their website at http://inmatelocator.cdcr.ca.gov/ to determine the parent's "CDC" (inmate

identification) number and the prison at which the parent is located.

If you conduct the search before the guardianship petition is filed, you can request to dispense notice

in Item 1f of the Petition and set forth your due diligence efforts in Attachment 10 to the petition.

The court, however, will want you to continue making diligent efforts to notify the person up until

the final hearing. You will need to set forth your subsequent efforts in a "Declaration of Due Dili-

gence." The decla ra tion must sta te the na me of the person w hose a ddress is un-

known, the last known address of the person, the approximate date when the person was last known

to reside there, the efforts made to locate the person, and any facts that explain why the person's ad-

dress cannot be obtained. The declaration must include a description of the attempts to learn of the

person's address by inquiry of relatives, friends, acquaintances, and employers of the person and re-

view of telephone directories and directory assistance (Cal. Rules of Court 7.52(a)). The declaration

should be signed by the person who made the efforts to locate the parent or relative and should be

submitted at the hearing. See Appendix G for a sample. An Order Dispensing with Notice is optional

and, in practice, not used because the Order Appointing Guardian includes an Order Dispensing with

Notice.

D. IF NOTICE WOULD BE AGAINST THE INTERESTS OF JUSTICE

The court can waive notice to any person if it would be "contrary to the interests of justice" (Probate

Code § 1511(g)(2)). Notice may be waived, for example, if the person entitled to notice poses a threat

of physical harm to the minor. The person's history of violence must be well documented in Attach-

ment 8 to the petition.

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About 2-3 weeks before the hearing an investigation will be conducted regarding the appropriateness of the guardianship and suitability of the proposed guardian. If the proposed guardian is related to the child, the investigation will be conducted by the court investigator's office. The notice of the meeting, called a "Case Conference," will be sent to the proposed guardian by mail. (See Appendix H for a sample letter). Meetings are conducted in Room 233 of the courthouse. Antelope Valley resi-dents may have their investigation interview conducted at the Lancaster court. If the proposed guardian is a non-relative, the Department of Children and Family Services ("DCFS") will conduct the investigation at the proposed guardian's home. A social worker from DCFS will con-tact the proposed guardian by phone to set up the appointment. If one proposed guardian is a relative and one is a non-relative (for example, an unmarried partner of a relative), the probate investigator's office will conduct the investigation for the relative, and DCFS will conduct the investigation for the non-relative. The children and proposed guardians will need to be present for the investigation. In addition, the guardian will need to provide copies of certain documents, including school records, medical rec-ords, mortgage statements or rental receipts, birth certificates, and names, social security numbers, dates of birth and driver license numbers of all adults residing in the household. Based on this meeting, the investigator or social worker will complete a report which will be consid-ered by the judge in determining whether the guardianship is appropriate. The investigation report must discuss: a social history of the proposed guardian and the minor; the relationship between the proposed guardian and the minor; and the guardian's and the natural parents' future plans for the minor's home environment (Probate Code § l 513(a)). See Appendix H for more detailed infor-mation regarding the probate investigation process for relative and non-relative proposed guardians. Be sure to tell your client the importance of cooperating with the investigator or social worker. Please note that attorneys are generally not allowed to be present during the investigation. If your client has not received notice of a case conference or been contacted by a social worker re-garding the home visit at least three weeks prior to the hearing, you should contact either the Pro-bate Court Investigator's office at 213/974-5859 (for related guardians) or the DCFS guardianship clerk at 323/526-6027 (for unrelated guardians) to inquire as to the status of the investigation. You should request a copy of the report from the investigator after the investigation is completed to determine whether the recommendation will be favorable and to be prepared to address any issues noted in the report at the hearing. Pursuant to Probate Code § l 5 l 3(b), any party may call and ex-amine the person who prepared the report.

§ 7: STEP 4: GUARDIANSHIP INVESTIGATION

29

After giving notice and before the hearing date, you may file the original (and a copy to conform) of

the following forms at the Probate Filing window in Room 429. You may also file them with the

court clerk the day of the hearing. The following are the notice forms that may need to be filed:

1) Notice of Hearing (signed by the person who served notice by mail). The GC-020(P) should

also be attached as page 3 and signed by the person who completed personal service.

2) Notice of Acknowledgment and Receipt (if needed; signed by the person who received the no-

tice).

3) Consent and Waiver of Notice/Nomination of Guardian (additional copies of this form signed

by any person who is entitled to notice indicating their consent to the guardianship and waiv-

er of notice).

4) Declaration of Due Diligence.

In addition, about two days before the hearing, you may view the probate notes online at www.lasuperiorcourt.org to determine if there are any deficiencies which might delay the hearing, such as defects in proof of service. Probate notes are issued by probate attorneys or probate examin-ers who review each file prior to the hearing and make notes for the judge to highlight legal issues such as failure to serve. If there are defects which need to be cured, you may e-mail the probate at-torney, following the e-mail parameters on the website. You should also be able to cure most defects by explaining them to the judge at the hearing. If you are requesting SIJS findings, you should make sure that the JTD section of the probate notes includes the findings required for the SIJS Order. If the SIJS findings are not included, you may need to ask for the findings on the record at the court hearing, as explained in Section 8 below. Before the hearing, make sure to prepare the following forms, and make 1 copy of each:

1) Notice Order Appointing Guardian of Minor (GC-240). 2) Letters of Guardianship (GC-250). You should have all guardians sign and date the same

form on the day of or prior to the hearing. 3) Duties of Guardian (GC-248). All guardians must sign this form. 4) If Applicable: Order re: Eligibility for Special Immigrant Juvenile Status (GC-224).

In addition, bring to the hearing copies of any conformed Proofs of Service, Waivers of Notice, Decla-

rations of Due Diligence, and/or Notices of Acknowledgment and Receipt to show the judge in case

the file is missing these documents. You will also need to bring a completed (but not conformed) No-

tification to Court of Address on Guardianship (PR0003) and a conformed copy of the Order for

Waiver of Court Fees and Costs (FW-001). You will need these in order to get the Letters of Guardi-

anship issued and certified.

§ 8: STEP 5: PREPARING FOR THE HEARING

PRACTICE NOTE: Please check to make sure you did all of the following prior to your hearing:

(1) Did you file a Proof of Service and Notice of Hearing with the court? (2) Have you completed the forms needed for the final hearing: Letters of Guardianship, Order Ap-

pointing Guardian, Declaration of Due Diligence (if needed)? (3) Did you call your clients and mail them a letter to remind them of the court date? (4) Bring all the necessary forms to court (including your copy of the fee waiver order and the Notifica-

tion to Court of Address of Guardianship (for use in obtaining certified copies of Letters and Order). Bring your conformed copies of notice documents. If you are requesting SIJS findings, bring two copies of the SIJS Order (Form GC-224) to the hearing with you.

30

The proposed guardian(s) must attend the hearing. The minor must also attend if age four or older. Although the Probate Code does not explicitly require the minor to be at the hearing, in most cases, the judge will want to know how the child feels about the proposed guardian. Before the hearing, ex-plain to the minor and the proposed guardian that the judge may ask them a few questions concern-ing their wishes and their situation. Continuances: If clients cannot attend, you m ay request a continuance by e -mailing the probate attorney (you will need to wait until about 2 days before the hearing, when the probate notes are available via the court's website). You may also be able to request a continuance by calling the courtroom clerk the day before the scheduled court date. If you had the hearing continued once al-ready, the clerk may ask you to appear in person and ask for the continuance or otherwise show good cause for the additional continuance. In some rare cases guardianship is granted without the ap-pearance of proposed guardians or the children. At the Los Angeles Superior Court Central courthouse, the hearings for guardianship are held in De-partments 5 (Room 236), 9 (Room 244), 11 (Room 246), and 29 (Room 240) on the second floor and Departments 67 (Room 614), 79 (Room 610), and 99 (Room 615) on the sixth floor. After arriving, check the docket list outside the courtroom. Scheduled times are referenced by a code next to the case name. Guardianship cases are normally scheduled during the 10:30 calendar and will be in-dexed by a number starting from 4001. The last two numbers indicate the order in which the case will be called. For example, if you are number "4016", you will be the 16th case to be called. Prior to the hearing, you should file any remaining notice documents with the court clerk. If your client needs a Spanish interpreter, give the clerk your case name or number and request an inter-preter. Because it can take time to obtain an interpreter, it is best to request it at least a half hour prior to your scheduled hearing. If you need an interpreter in any language other than Spanish, the court will try to provide it. You w ill need to conta ct the court clerk before the hea r ing a nd request a n interpreter in the language other than Spanish. Contact Public Counsel if you need assistance locat-ing an interpreter for your case if the court is unable to provide one. For attorneys unfamiliar with Probate Court, w hen the case is called, proceed to the table opposite the bench, in the middle of the courtroom with both the proposed guardian(s) and the minor(s). Make sure to have the appropriate orders with you. The attorney and each witness must state their names for the record, spell their last names, and indicate whether they have been sworn. The judge may then ask the minor(s) and proposed guardian(s) a few questions concerning their sit-uation, including questions regarding whereabouts or contact with the parents. If the guardianship is uncontested, the proceeding should last only a few minutes. If the judge grants the guardianship or temporary guardianship, hand the original and a copy of the Order Appointing Guardian (or Or-der Appointing Temporary Guardian) to the clerk for signature and file stamp. If the hearing is continued and a temporary guardianship is in place, you will need to have the judge sign an Order Extending Letters of Temporary Guardianship. This form is available in the court-room and provided by the clerk. You will need to have new Letters of Temporary Guardianship signed and issued for each extension. Once the order is signed, go to Room 429 to ask for the Letters of Guardianship to be issued. The Or-der Appointing Guardian is not effective until the Letters are issued. Give the clerk the signed Let-ters of Guardianship (GC-250), Duties of Guardian (GC-248) and a new Notification to Court of Ad-dress on Guardianship (PR0-003) form on yellow paper. You should ask the clerk for certified cop-ies of the Letters of Guardianship and Order Appointing Guardian. If you have a fee waiver, to get

§ 9: STEP 6: THE HEARING/FILING THE ORDERS

31

free certified copies, fill out the white "no fee" request for copies form. Use the yellow form if you do not have a fee waiver. If the guardian is ever required to show proof of custody, some agencies only accept a certified Order and Letters as proof.

For SIJS requests

If the judge grants the permanent guardianship, she should also address whether she is granting the request for SIJS findings. If she does not address the SIJS findings, ask on the record if the court will be granting the request. If the judge denies your request for SIJS findings or sets the matter for an evidentiary hearing, please contact an attorney at Public Counsel immediately to discuss how to proceed. If the judge grants the request for SIJS findings, then give the two copies of the SIJS Order to the clerk when you give her the Order Appointing Guardian and ask her to scan it. This will allow you to obtain certified copies of the SIJS Order at the same time that you obtain the certified copies of the Order and Letters of Guardianship. This is done in Room 429 on the date of the hearing or in Room 112, window 1, after the date of the hearing. The certified copy of the SIJS Order will be filed with USCIS. Sometimes, the clerk will not stamp the SIJS Order on the day of the hearing. If this is the case, leave two copies of the SIJS Order and a self-addressed stamped envelope in Room 260 (after 12 p.m. in Room 429) in the bin that corresponds to your court department. The SIJS Order will be mailed to you in one or two weeks. If you need the SIJS Order earlier than this, you can list your rea-sons in a Declaration of Urgency and place it, along with the SIJS Order, in the box marked "Urgent Orders" in room 429. If you run into problems on the day of the hearing, please stop by Public Counsel's Pro Per Guardian-ship clinic located at the Los Angeles Superior Court in Room 230, which is open Monday through Wednesday from 9:30 a.m.-3:30 p.m.

Certification costs are as follows: Document: $25.00

Each page: $.50

i.e. Order Appointing Guardian of Minor:

This is a 2-page document:

2 @ $.50:$ 1.00

$ 25.00

Total cost for Order Appointing Guardian of Minor: $26.00

NOTE: Court procedures and practices are subject to change. Please double check with the court clerk re-garding specific courtroom procedures.

A NOTE ABOUT CONTESTED HEARINGS: Most cases placed through Public Counsel will not be contested. However, if you have reason to believe prior to the court hearing that a parent or other relative might contest the guardianship, call Public Counsel for technical assistance prior to your hearing. In con-tested cases, the judge may order another investigation and continue the hearing, assign minor's counsel to represent the child(ren), refer the case to mediation or to Dependency Court, or schedule a trial.

32

In cases where the interests of the minor must be protected immediately, before the permanent guardianship becomes effective (permanent hearings are scheduled approximately 6-8 weeks after the date of the initial filing), temporary guardianship is an option. Temporary guardianship may be granted when "good cause" is shown (Probate Code § 2250 (b)). Examples of good cause include an immediate need for emergency medical treatment and immediate safety or educational needs. The court will only grant a temporary guardianship if immediate and substantial harm to the child is demonstrated. The temporary guardianship will be effective pending the final determination of a regular petition for guardianship. Although a temporary petition may be filed any time after a regular petition for guardianship is filed, in most cases, it will be more convenient to file the temporary guardianship concurrently with the regular petition (See below). An additional $60.00 fee will be charged. The required forms for filing for temporary guardianship include:

(1) Petition for Appointment of Temporary Guardian (GC-110) plus a copy (signed by you and each petitioner).

(2) Order Appointing Temporary Guardian (GC-140) plus a copy to take to the hearing.

(3) Letters of Temporary Guardianship (GC-150) plus a copy to take to the hearing and which you will have the guardian sign and date on the day of the hearing.

These forms can be filled out in much the same way as the forms for guardianship. In an Attachment 3 to the petition or in the space provided at the bottom of the petition, you should add a brief expla-nation of the emergency reasons the temporary guardianship must be granted before the regular guardianship hearing can be held. If the regular petition has already been filed, take a copy of the fee waiver order, if one has been granted, along with an original and copy of temporary guardianship petition, and a conformed copy of the general guardianship petition to Room 429 and ask for a hearing date to be set. If you are fil-ing the temporary and regular petitions concurrently, please refer to §5. Temporary hearing dates are usually set about 5-7 days from the time of filing. If the situation is an extreme emergency, you can request an earlier hearing by submitting a "Declaration of Urgency in Support of Expedited Hearing Date" to Room 260 (or after 12 p.m., Room 429). The Declaration of Urgency is in regular pleading format and must explain why it is necessary to expedite the hearing. Another option is to file the Petition for Temporary Guardianship on an Ex Parte ba-sis. Ex Parte matters are heard daily at 8:30 a.m. and submitted in Room 260. In addition to the Petition for Appointment of Temporary Guardian and Order and Letters of Guardianship, you must submit a Declaration of Urgency and must attempt to notify all individuals normally entitled to no-tice at least 24 hours prior to the hearing, though shorter or no notice may be approved (please see paragraph below for notice requirements in temporary guardianships). Prior to arriving in Room 260, take the Ex Parte Petition for Appointment of Temporary Guardian to Room 429 with the Order on Application for Waiver of Court fees and costs to get stamped. The minor and proposed guardian should come with you. Refer to the Court's website at www.lasu periorcourt.org for additional infor-mation regarding Ex Parte applications, or contact an attorney at Public Counsel for assistance. The court's hearing of the temporary petition without notice has been held not to violate the require-ments of due process. Conservatorship of Gray, 12 Cal. App. 3d 513, 524, 90 Cal. Rptr. 776, 783 (1970). However, this is easier to obtain if a parent is consenting to the guardianship.

§ 10: TEMPORARY GUARDIANSHIP

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Notices:

Notice of the petition must be personally delivered to the minor's parents, to the minor, if 12 or old-er, and to any person having a valid visitation order at least five days before the hearing on the ap-pointment of temporary guardian (Probate Code § 2250(e)(l)). If personal notice cannot be complet-ed within that time period, the petitioner may request a good cause exception to notice (Cal. Rules of Court 7.1012). The required forms for good cause exception to notice in a temporary guardianship in-

clude:

1) Application and Memorandum for Good Cause Exception to Notice

2) Declaration

3) Proposed order

Please see Appendix I for sample forms. The proposed temporary guardian and minor must attend the temporary guardianship hearing to impress upon the court the need for the temporary order. The temporary hearings are held at 10:30 a.m. and are run in a similar manner as the hearing on the permanent petition (see § 8, supra). After the judge grants the temporary guardianship, give the original order and a copy to conform to the judge's clerk to stamp with the judge's signature. Take the order to Room 429 to have the Letters of Temporary Guardianship issued. A non-related temporary guardian will need the Letters in order to obtain foster care, Medi-Cal, or other benefits. You may also request certified copies from the clerk in Room 429 (see § 8, supra). The temporary guardianship will be in effect until the date of the regular guardianship hearing. If temporary letters are issued, make sure to enter the date of the regular guardianship hearing in item 3a on the left column of the Letters of Temporary Guardianship. If more than one temporary guardi-an is appointed, put signature lines above or below the signature line in the right column.

Once the Orders and Letters of Guardianship (and SIJS order, if applicable) have been issued, the guardianship process has been completed. We recommend that you complete and file a Substitution of Attorney (form MC-050) to officially be taken off from the record as the attorney and to indicate that the petitioner will be proceeding in pro per in any future hearings (for example, petitions for vis-itation or termination of guardianship filed by the minor's parents) related to the case. See Appendix I for a sample.

§ 11: TERMINATING REPRESENTATION

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Under Probate Code § 235l (a), the guardian has the care, custody, control, and charge of the educa-tion of the minor. This means that the guardian is empowered to make the everyday decisions con-cerning the minor's living arrangements, education, safety, and medical needs (with exceptions). The guardian may decide where the child will attend school and may request special educational services on behalf of the child. The relationship between the guardian and the minor is fiduciary and is sub-ject to the law of trusts (Probate Code § 2101). Through special orders, the court may expand or limit the powers and duties granted. Under Family Code § 3900, ultimate legal responsibility for the financial support of the minor re-mains with the parents after guardianship is granted. The guardian is not personally responsible for the financial support of the minor. However, in most instances, the guardian will want to help and/or take over these obligations (see § 13, infra, for a discussion of how guardianship affects govern-ment benefits). Other important rights and responsibilities include:

(1) Determining visitation arrangements between child and parent unless court directs otherwise.

(2) Consenting to the minor's participation in the armed forces.

(3) Consenting to the minor's marriage (the court must also consent).

(4) Consenting in writing to the minor's application for a driver's license.

(5) Liability in tort for the minor's willful or negligent actions.

(6) Decisions relating to the minor's residence. If the minor's residence is changed within the state, the guardian must notify the court. The guardian must obtain the court's permission be-fore moving the minor's residence out of the state. Note that the guardian is not obligated to live with the minor (Probate Code § 2352).

(7) Decisions regarding the medical treatment of the minor. However, if the minor is over the age of 14, surgery upon him/her cannot be performed except with the consent of both the guardi-an and the minor, or through a court order obtained pursuant to Probate Code § 2353(b). This requirement does not apply in cases of emergency where the guardian in good faith deter-mines the treatment to be necessary (Probate Code § 2353(c)). In addition, in some cases, the minor may consent to certain treatments without the consent of the guardian. These may in-clude blood donations (Health and Safety Code § 1607.5), treatment for the prevention or treatment of pregnancy (Fam. Code § 6925), treatment related to the diagnosis or treatment of rape (Fam. Code § 6927), treatment related to the prevention of contagious diseases (Fam. Code § 6926), and treatment when the minor lives apart from the guardian (Fam. Code § 6922).

The guardian also can become liable for some intentional acts of the minor. For example, the guardi-an can be held liable for the minor's use of firearms or willful misconduct if it results in personal in-jury or property damage (Civil Code §§ 1714.1, 1714.3) and for the minor's petty theft (Penal Code § 490.5). If the guardian is aware of the minor's behavior and/or dangerous tendencies, the guardian may be liable for the resulting damages if he or she fails to exercise reasonable care in controlling the minor's actions. Poncher v. Brackett, 246 Cal.App.2d 769, 55 Cal.Rptr. 59 (1966); Costello v. Hart, 23 Cal.App.3d 898, 100 Cal.Rptr. 554 (1972).

§ 12: POWERS, DUTIES, AND LIABILITIES OF GUARDIANSHIP

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A. NON-RELATED GUARDIANS- FOSTER CARE BENEFITS

All non-related guardians are eligible for state foster care benefits (Welfare and Institutions Code § II 400 et seq.). Non-related legal guardians may apply for state foster care once the court has granted guardianship, even if it is temporary. The guardian initiates the application process as soon as the guardianship has been granted by calling the Department of Children and Family Ser-vices at 213/765-7260 between the hours of 9 a.m. and 5 p.m. Monday-Friday and informing the person who answers the phone that they were appointed guardian in probate court and want to apply for state foster care. In order to qualify, the child must be a citizen, resident, or other quali-fied immigrant. Please refer to the publication, "Caring for Another Person's Child", available on the Public Counsel website, for additional information.

B. RELATED GUARDIANS-CalWORKs (California Work Opportunity and Responsibil-

ity to Kids; formerly AFDC)

A caregiver who is related to the minor does not need to be the minor's guardian in order to apply for CalWORKs benefits on behalf of the child. The applicant need only be a related "caregiver." See the California Department of Social Services Manual of Policies and Procedures ("M.P.P.") Sections 82-and 82-808.2 to determine whether the guardian is "related" or is a "caretaker." The guardian must apply in person for CalWORKs at their local Department of Public Social Services (welfare) office. In order to qualify, the child must be a citizen, resident, or other qualified immi-grant. Please refer to the publication, "Caring for Another Person's Child", available on the Public Counsel website, for additional information.

Termination of Guardianship:

A guardianship automatically terminates when the minor turns 18 (unless the guardianship was granted under AB900, the SIJS bill allowing for immigrant youth to seek guardianship until age 21), dies, is adopted, or marries (Probate Code § 1600; Family Code § 7002). The guardian, parent or ward over the age of 12 can petition the court to terminate the guardianship if it is no longer neces-sary or no longer in the minor's best interest (Probate Code § 1601). When preparing the Petition for Termination of Guardian, use the case number from the original guardianship petition. If filed by a parent, there is no fee for a Petition for Termination of Guardianship.

Forms needed:

Petition for Termination of Guardian (GC-255)

Notification to Court of Address on Guardianship (PR0-003)

Notice of Other Cases Involving Minor Children (if applicable) (UCF-001)

Notice of Hearing/Proof of Service (GC-020)

Order Terminating Guardianship (GC260)

§ 13: HOW GUARDIANSHIP AFFECTS GOVERNMENT BENEFITS

NOTE: If the guardian of the child's person is also the guardian of the child's estate, the guardian's income may affect the child's eligibility and benefit levels because guardians of the estate are required to pay for the child's support (In Re Preston's Estate, 243 Cal.App.2d 803 (1966)).

§14: TERMINATION OF GUARDIANSHIP AND

SUCCESSOR GUARDIANSHIP

36

You should make one set of copies and proceed to Room 429 to file the forms and get a hearing date.

Termination of guardianship gives custody of the child back to the parents. If a parent wishes to es-tablish primary custody of the child over the other parent, a family law custody petition will need to be filed. The Family Law Resource Center in Room 426 provides assistance to pro per litigants in family law matters. Successor Guardianship: If a person w ishes to have the court appoint a replacem ent guardian, the party should file a Petition for Appointment of Successor Guardian rather than a Peti-tion for Termination. In conjunction with this petition, the party must file a Petition for Removal of Guardian (Probate Code § 2651) if the current guardian does not consent, or a Resignation of Guard-ianship (Probate Code § 2660) if the current guardian consents. Causes for removal include: contin-ued failure to perform duties, conviction of a felony, and "gross immorality" (Probate Code § 2650). A petition for successor guardianship requires all the same paperwork as a regular guardianship pe-tition. You should insert the word "SUCCESSOR" in the heading of the Petition for Appointment of Guardian, form GC-210. All forms must include the original case number from the original guardianship. Due to centraliza-tion, all cases previously filed in branch courts (with the exception of Lancaster), must now be filed at the central court. If the original guardianship was granted in a different county, but the successor guardians live in Los Angeles County, you need to file a Petition to Transfer Proceedings to Another County in the county where the guardianship was originally filed before filing a successor guardian-ship in Los Angeles County (Probate Code § 2211). The guardian, proposed guardian, minor, minor's spouse, relative, friend, or any other interested person may petition to transfer (Probate Code § 2212). The court will transfer the proceedings if it finds that the transfer will be for the best interests of the minor (Probate Code § 2215(b)). The Petition to Transfer Proceedings to Another County is a verified petition that must state (Probate Code § 2213):

1. The county to which the proceeding is to be transferred.

2. The name and address of the minor.

3. If there is a guardian of the estate, a brief description of the character, value, and location of the minor's property, if any.

4. The reasons for the transfer.

5. The names and addresses, so far as they are known to the petitioner, of the spouse and of the relatives of the ward within the second degree.

6. The name and address of the guardian if other than the petitioner.

See §6 for notice requirements.

Any interested person may oppose a petition for guardianship. There are no judicial forms for filing an objection. A pleading stating the factual and legal basis for the opposition should be filed. If the Objector wants to be appointed guardian of the child, the objector should also file a competing guardianship petition, following the instructions in Section 4 of this manual. The Objector should be sure to use the case number already assigned to the case .

§ 15: OPPOSING A GUARDIANSHIP

37

Absent a court order, visitation with the child is at the guardian's discretion. It is generally a good idea to attempt to work out visitation informally before filing a petition for visitation. If informal vis-itation cannot be worked out, a petition for visitation can be filed. Any interested person (including a non-- relative) may file a petition for visitation if a probate guardianship is in place. There are no ju-dicial forms for filing a petition for visitation. A pleading stating the factual and legal basis for the visitation request, including any attempts that were made to work out visitation with the guardian, and a proposed visitation schedule, should be filed.

1. WHEN THE GUARDIAN IS MOVING WITHIN CALIFORNIA If the guardian and child are moving to a new residence within the State of California, Cal. Rules of Court 7.1013 requires that pre- and post-move notices be mailed to the following individuals: (1) the ward if he or she is 12 years or older (only for pre-move notice), (2) the child's attorney, (3) the child's parents, (4) anyone who had legal custody of the child when the guardian first petitioned for appointment of guardianship, (5) the guardian of the ward's estate, and (6) anyone who was nomi-nated for guardianship of the child but was not appointed. The pre-move notification must be given at least 15 days prior to the date of move. Use the following forms:

1) Pre-move Notice of Proposed Change of Personal Residence of Conservatee or Ward (GC-079).

2) Attachment to Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward (GC-079(MA)).

The Post-move notification must be given within 30 days of the date of the move. Use the following forms:

1) Post-Move Notice of Change of Residence of Conservatee or Ward (GC-080).

2) Attachment to Post-Move Notice of Change of Residence of Conservatee or Ward (GC- 080(MA)).

Pre- and Post-Move notification does not require court approval when moving within the state of California. 2. WHEN THE GUARDIAN IS MOVING OUTSIDE OF CALIFORNIA When moving outside of California, the guardian MUST obtain court permission before the move. Use the Petition to Fix Residence (Judicial Council Form GC-085).

§ 17: CHANGING RESIDENCES

§ 16: VISITATION

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1. 1-2 weeks after receiving case: Interview client.

2. 2-3 weeks after receiving case: Complete documents and get signatures.

3. 3-4 weeks after receiving case: File documents and conform copies.

4. Immediately after filing case: Mail client Court letter with information on court date, hearing, and location.

5. If temporary guardianship, attend hearing and file orders.

6. As soon as possible, but no later than 15 days before the Court hearing, serve notice of hearing and prepare proof of service documents.

7. 2-3 weeks before the hearing, call appropriate office to inquire as to the status of the investiga-tion if one has not yet been scheduled.

8. Preferably at least 1 week before hearing: File consents, notice of hearing and proof of service (however, these can be filed on the day of the hearing if necessary).

9. Also approximately one week to a few days before the hearing you should meet with your client to prepare the guardian and minor for the hearing. This meeting is essential if the minor or ap-plicant is asking for SIJS findings.

10. 5-7 days before the hearing check probate notes (www.lasuperiorcourt.org) to find out if there are any deficiencies which could delay the hearing.

11. 4-5 days before the hearing, call appropriate office to determine whether the guardianship inves-tigation has been filed with the court and to request a copy of the report.

12. 2-3 days before the hearing, call the proposed guardian(s) and the child to remind them of the hearing date, time and place.

13. Attend hearing.

14. File orders and have letters issued, certified and given to client.

§ 18: TIMELINE

39

FORMS NEEDED PRE-FILING Judicial Council Form Number

1. Request to Waive Court Fees FW- 001

2. Order on Court Fee Waiver FW - 003

3. Order Prescribing Notice DE - 200

4. Petition for Appointment of Guardian of Minor GC - 210

4a. Attachments to Petition Use word document

5. Child Information Attachment GC - 210(CA)

6. Consent of Guardian, Nomination, and Waiver of Notice

7. Declaration under Uniform Child Custody Jurisdiction Act GC - 120

8. Notification to Court of Address on Guardianship PR- 003

9. Probate Case Cover sheet PR– 010

10. Petition for Appointment of Temporary Guardian (If applicable GC - 110

11. Attachments Use word document

12. Confidential Guardian Screening Form GC - 212

13. Parental Notification of Indian Status ICWA—020

FORMS NEEDED IF FILING A REQUEST FOR SIJS Judicial Council Form Number

14. Petition for SIJS Finding GC - 220

15. Supporting Declarations use pleading paper

16. SIJS Findings GC - 224

FORMS NEEDED FOR TEMPORARY HEARING Judicial Council Form Number

17. Petition for Appointment of Temporary Guardian GC - 110 (filed concurrently with or after the GC- 210)

18. Order Appointing Temporary Guardian GC - 140

19. Letters of Temporary Guardianship GC - 150

FORMS NEEDED FOR TEMPORARY HEARING Judicial Council Form Number

20. Notice of Hearing/ Proof of Service GC - 020

21. Proof of Service (Personal) GC - 020P

If and Indian child may be involved, in addition to 19 and 20 you will need:

22. Notice of Child Custody Proceeding for Indian Child ICWA - 030

§ 19: GUARDIANSHIP FORMS: CHECKLIST

40

FORMS NEEDED AT HEARING Judicial Council Form Number

23. Order Appointing Guardian of Minor GC - 240

24. Letters of Guardianship GC - 250

25. Notification to Court of Address on Guardianship (yellow paper) PR0003

26. Declaration of Due Diligence (if needed) Use pleading paper

27. Duties of Guardian GC - 248

28. If applicable (SIJS cases only) - Order re: Eligible for GC - 224 Special Immigrant Juvenile Status

TERMINATION OF GUARDIANSHIP Judicial Council Form Number

1. Request to Waive Court Fees FW - 001

2. Order on Court Fee Waiver FW - 003

3. Petition for Termination of Guardianship GC - 255

4. Notice of Other Cases Involving Minor Children UCF 001

5. Notice of Hearing/Proof of Service, Mail GC-020

6. Order Terminating Guardianship GC-230

PRE - AND POST - MOVE FORMS Judicial Council Form Number

1. Pre-move Notice of Proposed Change of Personal Residence of GC - 079 Conservatee of Ward

2. Attachment to Pre-Move Notice of Proposed Change of GC - 079(MA) Personal Residence of Conservatee or Ward

3. Post-Move Notice of Change of Residence of Conservatee or GC - 080 Ward

4. Attachment to Post-Move Notice of Change of Residence of GC - 080(MA) Conservatee or Ward

CONGRATULATIONS!

Thank you for taking the time to handle this guardianship case.

Please let us know if you are interested in working on another pro-bono case.

Forms can be obtained at: www.lasuperiorcourt.org (local forms) and http://www.courts.ca.gov/forms.htm (state-wide forms)

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APPENDIX A

SAMPLE CHILD CARE AUTHORIZATION

AND

CAREGIVER’S AFFIDAVIT

42

CHILD CARE AUTHORIZATION I, ___________________, am the parent or guardian of the following child(ren),

and legally entitled to grant this authorization.

CHILD’S NAME: CHILD’S NAME:

DATE OF BIRTH: DATE OF BIRTH:

CHILD’S NAME: CHID’S NAME:

DATE OF BIRTH: DATE OF BIRTH:

I grant authority, limited to the below defined powers, over the above child(ren) to:

NAME OF PERSON GRANTED AUTHORIZATION:

ADDRESS:

NAME OF PERSON GRANTED AUTHORIZATION:

ADDRESS:

The powers granted to _________________ are the following (check and initial):

□ To authorize medical and dental care for the above child(ren), including but not limited to medical examinations, x-rays, tests, anesthetic, surgical operation, hospital care, or other treatments that are needed or useful for my child. Such medical treatment shall only be pro-vided upon the advice of and supervision by a physician, surgeon, dentist, or other medical practitioner licensed to practice in the United States; surgeon, dentist or other medical practi-tioner licensed to practice in the United States;

□ To provide food and shelter for the above-named child(ren), and to make decisions regarding their day-to-day activities;

□ To enroll the child(ren) in school and/or daycare and make educational decisions, including authority to consent to school-related activities and field trips;

□ To transport the child(ren), including authorization to pick the child up from school or day-care;

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□ Other powers granted (for example if you want the caretaker to have authority to take the child(ren) out of state, write that here):

CHECK ONE:

□ This grant of authority is effective as of ________________ and shall remain in effect until terminated by the undersigned parent or guardian.

□ This grant of authority shall be valid for the following time period:

FROM: ________________________ UNTIL: _______________________

Parent/Guardian’s Signature: __________________________________ Date: ______

Parent/Guardian’s Signature: __________________________________ Date: ______

NOTARY SEAL:

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CAREGIVER’S AUTHORIZATION AFFIDAVIT Use of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code. Instructions: Completion of Items 1 - 4 and the signing of the affidavit is sufficient to authorize en-rollment of a minor in school and authorize school-related medical care. Completion of items 5 - 8 is additionally required to authorize any other medical care. Print clearly. The minor named below lives in my home and I am 18 of age or older. 1. Name of minor: ______________________________________________________

2. Minor’s birth gate: ____________________________________________________

3. My name (adult giving authorization): _______________________________________

4. My home address: ____________________________________________________

5. I am a grandparent, aunt, uncle, or other qualified relative of the minor (see back of this form for a definition of “ qualified relative” ).

6. Check one of both (for example, if parent was advised and the other cannot be located):

I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care and have received no objection.

I am unable to contact the parent(s) or other person(s) having legal custody of the mi nor at this time, to notify them of my intended authorization.

7. My date of birth: _____________________________________________________

8. My California driver’s license or identification card number: _______________________

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: ______________ Signed: ______________________________

Warning: Do not sign this form if any of the statements above are incorrect, or you will be com-mitting a crime punishable by a fine, imprisonment, or both.

45

Notices:

1. This declaration does not affect the rights of the minor’s parents or legal guardian regarding the care, custody, and control of the minor and does not mean that the caregiver has legal cus-tody of the minor.

2. A person who relies on this affidavit has no obligation to make any further inquiry or investi-gation.

Additional Information:

TO CAREGIVERS:

1. “Qualified relative,” for purposes of item 5, means a spouse, parent, stepparent, brother, sis-ter, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of the persons specified in this definition, even after marriage has been terminated by death or dissolution.

2. The law may require you, if you are not relative or currently licensed foster parent, to obtain a foster home license in order to care for a minor. If you have any questions, please contact your local department of social services.

3. If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan received notice that the minor no longer lives with you.

4. If you do not have the information requested in item 6 (California driver’s license or I.D.), provide another form of identification such as your social security number or Medical num-ber.

TO SCHOOL OFFICIALS:

1. Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for determination of residence of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.

2. The School district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.

TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:

1. A person who act in good reliance upon a caregiver’s authorization affidavit to provide medi-cal or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to profes-sional disciplinary action, for such reliance if the applicable portions of the form are complet-ed.

2. This affidavit does not confer dependency for health care coverage purposes.

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FAMILY.CODE SECTION 6550-6552 6550 (a) A caregiver's authorization affidavit that meets the requirements of this part authorizes a

caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.

(b) The decision of a caregiver to consent to or to refuse medical or dental care for a minor shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, provided the decision of the parent or other person having legal custody of the minor does not jeopardize the life, health, or safety of the minor.

(c) A person who acts in good faith reliance on a caregiver's authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to profes-sional disciplinary action, for that reliance if the applicable portions of the affidavit are complet-ed. This subdivision applies even if medical or dental care is provided to a minor in contravention of the wishes of the parent or other person having legal custody of the minor as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor.

(d) A person who relies on the affidavit has no obligation to make any further inquiry or investi-gation.

(e) Nothing in this section relieves any individual from liability for violations of other provisions of law.

(f) If the minor stops living with the caregiver, the caregiver shall notify any school, health care provider, or health care service plan that has been given the affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.

(g) A caregiver's authorization affidavit shall be invalid, unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statement begin-ning with the word "warning" specified in Section 6552. The warning statement shall be enclosed in a box with 3-point rule lines.

(h) For purposes of this part, the following terms have the following meanings:

(1) "Person" includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any oth-er legal entity.

(2) "Relative" means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix "grand" or "great," or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.

(3) "School-related medical care" means medical care that is required by state or local govern-mental authority as a condition for school enrollment, including immunizations, physical exami-nations, and medical examinations conducted in schools for pupils.

47

APPENDIX B

SAMPLE FORMS USED IN SPECIAL IMMIGRANT

STATUS CASES

Sample GC-220, Petition for SIJ Findings

Sample Attachment 5

Sample Attachment 6

Sample Attachment 8 for AB900

Sample Declaration

Sample GC-224, SIJ Findings

Sample GC-240, Order Appointing Guardian or Extending Guardianship of the Person

Sample GC-250, Letters of Guardianship

Sample GC-248, Duties of Guardianship

Sample Waiver of Notice for SIJS

48

Attachment 5

49

50

51

52

Attachment 6

53

54

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

27

?.R

Guardianship of: MARY DOE

Case Number: -----------

Attachment 7 to Judicial Council Form GC-210

On October 5, 2015, California adopted Assembly Bill 900, which went into effect on

January 1, 2016. (See Assem. Bill No. 900 (2015-2016 Reg. Sess.)) Assembly Bill 900

authorizes the court to appoint a guardian for youth ages 18-20 in connection with a Petition for

Special Immigration Juvenile ("SIJ") findings. (Ibid.) The legislature made clear that

guardianships in connection with SIJ Petitions are necessary in light of the vulnerability of this

subset of the population and their special need for custodial relationships that promote

permanency, recovery, and long-term wellbeing. (Id. at§ (a)(6); see also Immigrant Legal

Resource Center, "Guardianship/SUS for 18-20 Year Olds in California,"

<http://www.ilrc.org/fi1es/documents/ab_900_fact_sheet_O.pd:t> [as of Feb. 18, 2016.])

This Court may appoint a guardian of the person when it appears necessary and

convenient. (Prob. Code, § 1514.) In appointing a guardian, the court is governed by the best

interest of the proposed ward. (Ibid.) The question of best interest is determined from the

standpoint of the child. (Taber v. Taber (1930) 209 Cal. 755, 756-57.) Paramount to this

determination is the "health, safety, and welfare of the child." (Fam. Code,§ 301 l(a); see also

Fam. Code, § 3020(a).) These standards apply equally to proposed wards no matter their age.

(Cal. Comm. Rep., Rep. on Assem. Bill No. 900 (2015-2016 Reg. Sess.) Sept. 2, 2015, p. 5 ("All

the regular guardianship rules and statutes apply to new over 18 guardianship.").)

Jane Brown ("Jane Brown") should be appointed guardian of the person of Mary Doe

("Mary Doe") because such an order is in Mary Doe's best interest. Jane Brown is doing her

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APPENDIX C

SAMPLE PHYSICIAN'S DECLARATION (JOINT GUARDIANSHIP CASES ONLY)

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APPENDIX D

SAMPLE INTAKE FORM AND CASE

SUMMARY LETTER

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THE PUBLIC INTEREST LAW OFFICE OF THE LOS ANGELES COUNTY AND BEVERLY HILLS BAR ASSOCIATIONS The Southern California Affiliate of The Lawyers’ Committee for Civil Rights Under Law

Via Electronic Mail June 3, 2016 Re: Olivia Marie Doe and Emily Jane Doe Legal Issue: Legal Guardianship and Special Immigrant Juvenile Status

Dear Pro Bono: Thank you for agreeing to represent Olivia Marie Doe in her attempt to have the Probate Court name her as the Permanent Legal Guardian for her granddaughter Emily Jane Doe. Thank you also for representing Emily in her attempt to adjust status and become a legal permanent resident through Special Immigrant Juvenile Status (SIJS). We direct you to two of our manuals located on our web-site to assist you in preparing the case. Please find our manual entitled Legal Guardianship Attorney Manual at the following location: http://www.publiccounsel.org/publications?id=0032 You will find our manual Special Immigrant Juvenile Status at this location: http://www.publiccounsel.org/publications?id=0119 Please let us know if you have any trouble accessing the manuals. Emily has been living with her paternal grandmother since she was a small baby. She is now thirteen years old. When Emily was about one year old, her mother left her with her father and grandmother. She has not been in touch since, and the family has no idea where she is or how to reach her. A De-partment of Children and Family Services (DCFS) case was opened in 2006 and remained open until 2009. Please see the attached custody order from the Dependency Court dated 2009. The Court closed the case with an order of custody to the child’s father which included limited monitored visits for the mother, although she never took advantage of the visits. There is a Mexico address listed for her on the documents. Emily explains that her mother never visited her, and she has had no contact with her that she can remember. She does not know where her mother is and has no way to contact her. In 2013, Emily’s father was deported to Mexico. He currently lives there and is in touch by phone. He left a notarized letter for Ms. Doe, so she can care for his daughter in his absence. Ms. Doe seeks temporary and permanent legal guardianship her granddaughter as soon as possible. She asks that you also file a petition for factual findings for SIJS for Emily with the Los Angeles Pro-bate Court as soon as possible. Ms. Doe is willing to complete and sign declarations in support of the petition for SIJS findings for Emily. We will send templates to guide you in completing the SIJS re-quest, but please make sure the declarations are personal and specific to Emily’s situation. Pursuant to new fee waiver legislation, Emily will qualify for a fee waiver because she is the applicant on this petition. We can answer any questions you may have regarding the fee waiver application.

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Once the order of SIJS eligibility is granted, Emily will need you to assist with her applications to the United States Citizenship & Immigration Services (CIS). She was born in Ixtlan, Michoacan Mexico and entered the United States when she was six or seven months old. She does not know how she entered or any facts regarding her entry. Please do not disclose detailed information regarding Ms. Doe (including her immigration status) or detailed information about her involvement in bringing Emily to the United States. This information is not necessary in the SIJS application, and it could create complications for Ms. Doe. We ask that you file the request for the guardianship and SIJS order by 6/15/2016, and file the SIJS order with CIS, with the appropriate applications as soon as the SIJS or-der is granted (after having the filing materials reviewed by Public Counsel). Note that precisely what you file with CIS will depend upon whether the U.S. Department of State has SIJS-based visas available for the month you plan to file. Please contact us to discuss when the time comes. If there are problems with this timeline, please let us know. In addition to the details above, the information on the following pages will be helpful to you in com-pleting the Guardianship petition; SIJS order request, and SIJS applications. Please feel free to con-tact us at any time if you need clarification or additional information. Our in-house Probate expert is Ylianna Guerrero at yguerrero@publiccounsel.org or (213) 893-1030 and our in-house SIJS expert is Kris Jackson at kjackson@publiccounsel.org or (213) 385-2977 extension 157. Before filing any ma-terials with CIS, please have Kris review your draft application packet. Thank you again for your generosity in taking on this case. Please let us know if you have any ques-tions. Beth can be reached at (213) 385-2977 extension 156 or btsoulos@publiccounsel.org . Ms. Doe is most comfortable in Spanish, and Emily is bilingual in Spanish and English. Sincerely,

Ylianna Guerrero Kristen Jackson Supervising Attorney Senior Staff Attorney Children’s Rights Project Immigrants’ Rights Project

Beth Tsoulos Senior Social Worker Children’s Rights Project

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Relevant Contacts

Children: Emily Doe DOB : 6/12/2003 555 Gate Street SSN : 111-22-3333 Bell Gardens, CA 90201 Born in Ixtlan, Michoacan Mexico Attends Bell Gardens Intermediate School Proposed Legal Guardian Olivia Doe, paternal grandmother DOB : 10/23/1958 555 Gate Street SSN : none Bell Gardens, CA 90201 CA DL : none (323) 999-4444 Children’s Mother: Mama Smith Whereabouts unknown Children’s Father: Papa Doe Domicilio Conocido Camocoatl Ixtlan, Michoacan Mexico Children’s Maternal Grandparents Grandma Smith and Grandpa Smith Michoacan, Mexico Children’s Addresses for last five years From 2015 to present, with Ms. Doe 555 Gate Street Bell Gardens, CA 90201 For about 8 years, with Ms. Doe 1234 ½ Lake Street Cudahy, CA Emily’s last address outside of the United States Melchoro Campo #19 Colonia Santa Cruz Ixtlan, Michoacan Mexico

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APPENDIX E

SAMPLE SET OF COMPLETED

GUARDIANSHIP FORMS

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APPENDIX F

SAMPLE COURT LETTER

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October 1, 2016 Olivia Doe 100 N Main Street Lost Angeles, CA 90001 RE: Guardianship Hearing / Olivia and Emily Doe DATE: November 15, 2016 TIME: 10:30 AM PLACE: Superior Court of Los Angeles, Dept. 9 (room 244), second floor Dear Ms. Doe and Emily, This letter is to inform you that the hearing for the legal guardianship of Emily has been set for No-vember 15, 2016. The hearing will be held at 10:30 AM at the Superior Court of Los Angeles, Stanely Mosk Court-house. The court is located at 111 N. Hill Street, Los Angeles, CA 90012. The court is at the corner of 1st Street and Hill Street in downtown Los Angeles. Parking is available in parking lots close to the court and the cost is approximately $20.00. Wells Fargo parking lot is located on the corner of Hill Street and 2nd Street with the approximate cost of $11.00. The Metro Redline also has a station across the street from the courthouse. When you enter the court at the main entrance, please use the escalator or the elevator to the second floor. Please proceed down the hall to Department 9; it is clearly marked. Please arrive approximately at 10:00 AM as it is important to be on time for the hearing. You should both come to the hearing. Please dress appropriately for court. If you have any questions, please call me at (213) 666-7777. Sincerely, Kristie Lutz Staff Attorney Guardianship Clinic | Public Counsel

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APPENDIX G

SAMPLE DECLARATION OF DUE DILIGENCE

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X The mother left the children 13 years ago and has had no contact

since then. I do not know where she is or how to contact her. No other family

members have contact either. The paternal grandfather left when the father

was born and has had no contact since then.

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APPENDIX H

INFORMATION REGARDING

COURT INVESTIGATIONS

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PROBATE GUARDIANSHIP INVESTIGATIONS The probate guardianship investigation will differ depending on whether the proposed guardian is related or not related to the minor. If at least one of the proposed guardians is related to the minor, the court investigator’s office will conduct the investigation. If the guardians are not related to the minor, a social worker form the Department of Children and Family Services (DCFS) will conduct the investigation. The purpose of a probate investigation for a Petition to Appoint a Guardian is to “guarantee the safety of the minor” to the court. The court investigator or social worker will prepare a written report to the court. The report will generally recommend the guardianship, not recom-mend the guardianship, or indicate “no recommendation.” The report is confidential and not made a part of the public court file, but a copy may be provided to a party in a guardianship case. Investigations by Court Investigator’s Office:

Interviews:

Approximately 2-3 weeks before the hearing, the proposed guardian will receive a letter in the mail notifying her/him of an appointment for a Case Review Conference. The conferences are usually held in Room 233 at the court located at 111 N. Hill Street, Los Angeles, CA 90012. The proposed guardian(s), the children, and all members of the household who act in a parental role with respect to the child are required to be present. The investigator will generally speak privately with each member of the household, as well as conduct criminal background checks on all persons over 18. Depending on the age of the child, the investigator may speak with the child separately from the adults. The investigator generally asks questions to assess whether the child feels comfortable and safe in the care of the proposed guardian. The investigator typically asks the minor where his par-ents are and when she last saw them, how the child feels about each member of the household and her feelings toward the proposed guardian. The notice sent to the proposed guardian will ask the guardian to provide certain documents, includ-ing school and medical records, evidence of residency, birth certificates of children etc. The investi-gator may, if she deems it necessary, contact the minor’s school. If the child has recently been placed with the proposed guardian, the guardian may not have been able to collect records, take the child to the doctor or enroll the child in school. The investigator will make an assessment based on the pro-posed guardian’s statement and demonstrated degree of care for the minor. If the investigator feels, based on the interview, that more information is necessary, the investigator may decide to conduct an inspection of the proposed guardian’s home. Further, if there are other reasons for concern, such as if any member of the household has a criminal history or recent child abuse reports, there is an increased level of scrutiny. For most criminal offenses, the investigator takes into account how recent and sever is the offense, as well as any demonstration of rehabilitation. Criminal offenses are taken into account as a part of the whole situation in the home. The investiga-tor may recommend that the court refer the family to the DCFS to determine if it is necessary to open a dependency case for the child and place the child in foster care. Objections:

The proposed guardian is responsible for notifying the parents of the case conference. Parents do not have to attend the case conference unless they are contesting the guardianship or wish to provide information in support of it. If a parent objects to the appointment of the proposed guardian, the investigator will note it in the report. The investigator will try to “get a feel” for the situation to de-termine whether there is a legitimate cause for further investigation of the objection. If the parent objects at the court hearing it is likely to cause a continuance to allow a full probate investigation into the parent or the basis for objection. This is true even if the parent does not file a written Objection to the Petition to Appoint a Guardian.

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The investigator will not generally directly contact second degree relatives that are not residing with the minor. However, any person receiving notice of the guardianship may call the probate investiga-tor and report their objection, and their objection may be included in the report. If any person files an Objection to the Petition to Appoint a Guardian, it will trigger additional inquiry by the investiga-tor’s office and will be included in the investigator’s report. Any objection may cause a continuance of the hearing if it requires further investigation. Assessment of the Environment:

In some cases, the investigator may want to visit the proposed guardian’s home before concluding their investigation. The assessment of the home is not intended to judge the quality of the neighbor-hood or building, rather to assess the safety and suitability of the home for a child. The safety deter-mination will depend on the age of the minor, but could include such dangers as uncovered pools ex-posed wiring and the presence of inadequate locks on main entrances. With regard to suitability of the home, the investigator is generally looking for age appropriate accommodations for the child. While a small child may be fine sleeping in the guardian’s bed or in a play-pen, an older minor re-quires their own bed. The proposed guardian is not required to have a separate bedroom for the mi-nor. In sum, the investigation is carried out by a reasonable person assessing the situation in light of the best interests of the child. Each investigation will be different based on the circumstance and what is uncovered during the investigation. An investigator will “get a feel” for the situation and ask ques-tions directed to explore any area that may lead to a conclusion that the petitioner is not being hon-est or that the child is not best served by the appointment of the proposed guardian.

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Superior Court of

California County

Of Los Angeles

ABOUT YOUR CASE REVIEW CONFERENCE When seeking guardianship of a child/ren to whom you are related, you must participate in a Probate Investigation. Your Probate Investigation will take place at the time of your Case Review Conference. Since the investigation involves interviews and review of other information, you and the children may be involved in this process for a minimum of two to four hours. Please plan accordingly. The Probate Investigator will be meeting with you and the child/ren to obtain information regarding the social history of the proposed guardians, the parents, and the child/ren. The Investigator will prepare a report to the Court based on the information you provide on the questionnaire, the investi-gator’s observation in the interviews and additional collateral information as deemed appropriate. You will also be meeting with a court employee who assist you in preparing your legal notice and en-sure all necessary documents have been included in your legal file. Please bring the child/ren for your scheduled appointment. Enclosed is information regarding the Children’s Waiting Room. If you choose not to send the children to the waiting room, you must bring another adult to care for the child/ren while you are being interviewed. You are responsible for notifying the parents, if possible, of this appointment. The parents do not have to be present unless they are contesting the guardianship or wish to provide information in sup-port of any adult living in the home and acting in a parental role, who should be present for the inter-view. Copies of the following documents must be submitted to the Probate Investigator on the day of your Case Review Conference.

1. Minor’s school records, last report cards, progress reports, IEPs, school enrollment forms, etc. 2. Medical records, immunization records, Medi-Cal cards, date of las physical examination 3. Evidence of residence, such as: Mortgage statement, rental receipts, lease agreement or utility

bills showing the Petitioner as the payer at the property stated to be home for the minor. 4. Birth certificates of the children. 5. Death certificates if parents are deceased. 6. Names of all persons residing in the household and their personal information such as date of

birth, driver’s license number and social security number. 7. Names and addresses of all individuals who require legal notice. 8. List of medical conditions and medications prescribed for the proposed guardian(s).

You will avoid delays in your Investigation by providing these documents to the Probate Investigator on the day of your scheduled appointment. If you have any questions, please contact the Probate Investigators’ Office at 213/830-0855.

JOHN A. CLARKE EXECUTIVE OFFICER/ CLERK 111 NORTH HILL STREET LOS ANGELES, CA 90012-3014

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Investigations by Department of Children and Family Services: All Petitions for Appointment of a Guardian made by non-relatives are referred to DCFS for investi-gation. In addition, the probate investigator has the discretion to recommend that the court request an investigation by DCFS (generally if the investigator believes that the child is at risk of abuse, or neglect in the proposed guardian's home). A referral to DCFS does not always result in the case be-ing handled in dependency court. The DCFS social worker will call the proposed guardian to make an appointment for the investiga-tion. The DCFS investigations are generally more involved than those completed by the probate in-vestigator's office. The social worker will generally do the following in order to determine whether the proposed guardian is a suitable caretaker for the child:

1. Criminal Records Clearance: Background checks are done for all adults living in the home that include criminal records and child abuse records.

2. Caregiver qualifications: Caregivers must be able to provide supervision for the child and demonstrate an ability to meet the child's specific needs

3. Home Environment Approval: The social worker will assess the home with respect to the following:

Adequate bedroom space is provided.

Telephone service is operational at the home.

Home appears to be safe clean sanitary and in good repair.

Indoor and outdoor halls stairs, ramps, and porches are free of obstructions and hazards.

Home contains at least one toilet sink tub or shower maintained in safe and clean operat-ing conditions.

Bunk beds of more than two tiers are not permitted.

Home is maintained at a comfortable temperature at all times.

Child's safety is ensured in homes with fireplaces, open forced heaters and wood stoves.

Lamps and necessary light is provided in rooms and other areas to ensure comfort and safety of all persons in the home.

Home has indoor sprinkling system or functioning smoke detector installed in the hall-ways of each sleeping area that are audible in each bedroom or sleeping area.

Hot water from faucets is delivered at a safe temperature.

Medicines, disinfectants, cleaning solutions, poisons, firearms and other dangerous items are stored where inaccessible to children.

Storage areas of firearms and other dangerous weapons are locked or in lieu of locked stor-age the applicant is utilizing trigger locks. Ammunition is stored and locked separately from firearms.

Solid waste is stored, located and disposed of in a manner that will not permit the trans-mission of communicable diseases or of odors, create a nuisance or provide a breeding ground or food source for insects or rodents.

Each sleeping room has one operable window or door that ensures safe and direct emer-gency exit to the outside. If security bars are used, the window is considered safe only if equipped with a safety release device.

Yard or outdoor space is provided free from hazards to life and health.

All pools must have appropriate covers and or pool gate locks. Specific questions regarding approval requirements can be directed to the Kinship Resource Center at (888) 694-7263 or locally at (562) 777-1751.

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ABOUT YOUR CASE REVIEW CONFERENCE When seeking guardianship of a child/ren to whom you are related, you must participate in a Pro-bate Investigation. Your Probate Investigation will take place at the time of your Case Review Con-ference. Since the investigation involves interviews and review of other information, you and the children may be involved in this process for a minimum of two to four hours. Please plan according-ly. The Probate Investigator will be meeting with you and the child/ren to obtain information regarding the social history of the proposed guardians, the parents, and the child/ren. The Investigator will prepare a report to the Court based on the information you provide on the questionnaire, the investi-gator's observation in the interviews and additional collateral information as deemed appropriate. You will also be meeting with a court employee who assist you in preparing your legal notice and en-sure all necessary documents have been included in your legal file. Please bring the child/ren for your scheduled appointment. Enclosed is information regarding the Children's Waiting Room. If you choose not to send the child/ren to the waiting room, you MUST bring another adult to care for the child/ren while you are being interviewed. You are responsible for notifying the parents, if possible, of this appointment. The parents do not have to be present unless they are contesting the guardianship or wish to provide information in sup-port of it. Any adult living in the home and acting in a parental role should be present for the inter-view. Copies of the following documents must be submitted to the Probate Investigator on the day of your Case Review Conference:

1. Minor's school records, last report cards, progress reports, IEPs, school enrollment forms, etc.

2. Medical records, immunization records, Medi-Cal cards, date of last physical examination

3. Evidence of residence, such as: Mortgage statement, rental receipts, lease agreement or utility bills showing the Petitioner as the payer at the property stated to be home for the minor

4. Birth certificates of the children

5. Death certificates, if parents are deceased

6. Names of all persons residing in the household and their personal information such as Date of Birth, Driver's license number, and social security number

7. Names and addresses of all individuals who require legal notice

8. List of medical conditions and medications prescribed for the proposed guardian(s).

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APPENDIX I

SAMPLE FORMS USED FOR GOOD CAUSE

EXCEPTION TO NOTICE IN

TEMPORARY GUARDIANSHIPS

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APPENDIX J

SAMPLE FORM USED TO

TERMINATE REPRESENTATION

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Public Counsel, the public interest law office of the Los Angeles County and Beverly

Hills Bar Associations, is the largest pro bono law firm in the U.S., and also is the

Southern California affiliate of the Lawyers’ Committee for Civil Rights Under Law.

Public Counsel coordinates the contributions of thousands of volunteer lawyers each

year. Public Counsel serves those in need – such as children and the elderly, literacy

projects and low-income housing providers, refugees and the homeless – by providing

legal representation and matching financially eligible clients with volunteer attorneys.

While this publication is designed to provide accurate and current information about

the law, readers should contact an attorney or other expert for advice in particular cas-

es, and should also consult the relevant statutes and court decisions when relying on

cited material, as the laws might change.

The content of this manual may be reprinted. Public Counsel must authorize any ad-

aptations or translations of the contents of this manual.

Public Counsel publications are available at www.publiccounsel.org.

© 2017 Public Counsel. All Rights Reserved.

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