powerpoint presentation from workshop
TRANSCRIPT
2007 SRL CONFERENCE
GUARDIANSHIPS
MONICA MITCHELL
SUPERVISING ATTORNEY, SELF HELP SERVICES
2007 SRL CONFERENCE
WHAT and WHO
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
2007 SRL CONFERENCE
STEP ONE: GETTING INTO STEP ONE: GETTING INTO THE SYSTEMTHE SYSTEM
FILING THE PAPERS – THE BIG HASSLE
2007 SRL CONFERENCE
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
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
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
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
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
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
FORMS ARE FILED . . . WHAT NEXT?
Consent form usage Tip: Get it signed in the right place!
2007 SRL CONFERENCE
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
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
STEP TWO: GETTING STEP TWO: GETTING THROUGH THE SYSTEMTHROUGH 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
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
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
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
HARDEST GUARDIANSHIP CASE TO WIN PARENT FILES OBJECTION:
Parent’s custody is detrimental AND Best interests of child
2007 SRL CONFERENCE
STAGE THREE: GETTING THE ORDER
Salt & Pepper
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Order & Letters
2007 SRL CONFERENCE
STAGE FOUR: LIVING WITH IT
Termination 1. Notice
2. Petition
3. Order
Moving out of CA1. Termination
2. Notice
3. Petition to Fix
4. Order
2007 SRL CONFERENCE
STAGE FOUR: LIVING WITH IT
Visitation by Parent
No JC Form
Petition for Visitation1. Notice
2. Petition
3. Order
2007 SRL CONFERENCE
MORE MATERIALS
http://www.courtinfo.ca.gov/programs/equalaccess/
San Bernardino’s Training Manual – basic programSan Bernardino’s Advanced Manual – includes estates (sample accounting)
2007 SRL CONFERENCE
VOLUNTEERS
Time to recruit Time to train Time to administrate
Worth every effort