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GUARDIANSHIPS

GUARDIANSHIPS. MONICA MITCHELL SUPERVISING ATTORNEY, SELF HELP SERVICES MMITCHELL@COURTS.SBCOUNTY.GOV. Legal right to take care of someone else’s child . PEOPLE YOU CAN’T HELP: PARENTS (own child) WARD OF COURT PEOPLE YOU CAN HELP: RELATIVES/FRIENDS FAMILY LAW CASE OK.

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GUARDIANSHIPS

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  1. GUARDIANSHIPS MONICA MITCHELL SUPERVISING ATTORNEY, SELF HELP SERVICES MMITCHELL@COURTS.SBCOUNTY.GOV 2007 SRL CONFERENCE

  2. Legal right to take care of someone else’s child PEOPLE YOU CAN’T HELP: PARENTS (own child) WARD OF COURT PEOPLE YOU CAN HELP: RELATIVES/FRIENDS FAMILY LAW CASE OK WHAT and WHO 2007 SRL CONFERENCE

  3. STEP ONE: GETTING INTO THE SYSTEM FILING THE PAPERS – THE BIG HASSLE 2007 SRL CONFERENCE

  4. FORMS NEEDED • Plain language forms – new for 2007. • Petition for Guardianship includes a new mandatory Child Information Attachment. (1 each kid) • Plain language advantage • No attachments!!!! (other than CIA) • Due diligence on form • Preferred by regular folks 2007 SRL CONFERENCE

  5. TEMPORARY GUARDIANSHIPS • “Emergency” usage • Not required in all filings • If used, what it means to litigant • Extra service burden • Extra court hearing • Power over child sooner 2007 SRL CONFERENCE

  6. PRACTICE TIPS • Use words like “immediately” and “urgently” • Need specific facts, not just a conclusion • If parent hard to locate, use “now and later” strategy 2007 SRL CONFERENCE

  7. FORMS TIPS • Plain language form has prompt as to required additional forms. • Check with your court re: local forms • Customize your court’s forms on EZ LEGAL • Beware the gatekeepers 2007 SRL CONFERENCE

  8. FORMS ARE FILED . . . WHAT NEXT? • Mailed service on grandparents, siblings, government • 15 day rule for mailed service • File Notice of Hearing/Proof of Service (GC-020) 2007 SRL CONFERENCE

  9. FORMS ARE FILED . . . WHAT NEXT? • Personal delivery to parents, minor (12+), etc. • Take care of Temporary service needs at same time • Tip: Be sure Proof shows Petition was served with Notice of Hearing 2007 SRL CONFERENCE

  10. FORMS ARE FILED . . . WHAT NEXT? • Consent form usage • Tip: Get it signed in the right place! 2007 SRL CONFERENCE

  11. FORMS ARE FILED . . . WHAT NEXT? • Unable to find: Due Diligence/Request to Excuse Notice • Reasonable under the circumstances • Court determines “good cause” 2007 SRL CONFERENCE

  12. PRACTICE TIPS • Be specific in details of effort. • Record futile efforts • Tough Sell Arguments: • Person has no capacity to understand notice • Coma, mental incapacity • Giving notice would be detrimental to the minor • Abuse, removing to unsafe environment 2007 SRL CONFERENCE

  13. STEP TWO: GETTING THROUGH THE SYSTEM • CASE NAME: MTR OF BRITTANY QUIROZ • HEARING: • Petition for Appointment of Guardian • COUNSEL: • IDA M LOPEZ (PET)...PRO/PER • ARTHUR LOPEZ JR (PET)...PRO/PER • BRITTANY QUIROZ (MIN)... • GENERAL INFORMATION: • Temporary letters issued on 8-25-05 • THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by maternal grandparents, minor 2. Minor has already had a heart transplant and appears to have continuing serious medical needs. • THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: • Court to review confidential screening form. • Court may wish to ask CI to obtain CPS records on the minor. • Need to file proof of personal service on mother, Natalie Lopez. • Need to file proof of personal service on father, Luke Quiroz. • Need to file proof of mailed service on CI and paternal grandparents. • RECOMMENDATION: • Need to clear notice notes. 2007 SRL CONFERENCE

  14. OBJECTIONS TO GUARDIANSHIPS • Government Code §§70654(e), 70657(a)(4) • Objection Form • Other uses • Can’t file “Objection” if guardianship case is “over” – the guardianship letters have already been issued 2007 SRL CONFERENCE

  15. INVESTIGATIONS • Mandatory investigation for “non-relative” • Court’s discretion for “relatives” • CHECK LOCAL PRACTICE! • Scenarios: • Petitioner has criminal background • Minor previously abused • Fight between parent and petitioner 2007 SRL CONFERENCE

  16. LEGAL STANDARDS • Depends on whether there is an Objection by Parent If parent doesn’t get involved, loose standard • Each judge is different • School/Football 2007 SRL CONFERENCE

  17. HARDEST GUARDIANSHIP CASE TO WIN • PARENT FILES OBJECTION: • Parent’s custody is detrimental AND • Best interests of child 2007 SRL CONFERENCE

  18. STAGE THREE: GETTING THE ORDER Salt & Pepper -------------------- Order & Letters 2007 SRL CONFERENCE

  19. STAGE FOUR: LIVING WITH IT Termination • Notice • Petition • Order Moving out of CA • Termination • Notice • Petition to Fix • Order 2007 SRL CONFERENCE

  20. STAGE FOUR: LIVING WITH IT Visitation by Parent No JC Form Petition for Visitation • Notice • Petition • Order 2007 SRL CONFERENCE

  21. MORE MATERIALShttp://www.courtinfo.ca.gov/programs/equalaccess/San Bernardino’s Training Manual – basic programSan Bernardino’s Advanced Manual – includes estates (sample accounting) 2007 SRL CONFERENCE

  22. VOLUNTEERS • Time to recruit • Time to train • Time to administrate • Worth every effort 2007 SRL CONFERENCE

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