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2007 SRL CONFERENCE GUARDIANSHIPS MONICA MITCHELL SUPERVISING ATTORNEY, SELF HELP SERVICES [email protected]

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Page 1: Powerpoint Presentation from Workshop

2007 SRL CONFERENCE

GUARDIANSHIPS

MONICA MITCHELL

SUPERVISING ATTORNEY, SELF HELP SERVICES

[email protected]

Page 2: Powerpoint Presentation from Workshop

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

Page 3: Powerpoint Presentation from Workshop

2007 SRL CONFERENCE

STEP ONE: GETTING INTO STEP ONE: GETTING INTO THE SYSTEMTHE SYSTEM

FILING THE PAPERS – THE BIG HASSLE

Page 4: Powerpoint Presentation from Workshop

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

Page 5: Powerpoint Presentation from Workshop

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

Page 6: Powerpoint Presentation from Workshop

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

Page 7: Powerpoint Presentation from Workshop

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

Page 8: Powerpoint Presentation from Workshop

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)

Page 9: Powerpoint Presentation from Workshop

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

Page 10: Powerpoint Presentation from Workshop

2007 SRL CONFERENCE

FORMS ARE FILED . . . WHAT NEXT?

Consent form usage Tip: Get it signed in the right place!

Page 11: Powerpoint Presentation from Workshop

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”

Page 12: Powerpoint Presentation from Workshop

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

Page 13: Powerpoint Presentation from Workshop

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.

Page 14: Powerpoint Presentation from Workshop

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

Page 15: Powerpoint Presentation from Workshop

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

Page 16: Powerpoint Presentation from Workshop

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

Page 17: Powerpoint Presentation from Workshop

2007 SRL CONFERENCE

HARDEST GUARDIANSHIP CASE TO WIN PARENT FILES OBJECTION:

Parent’s custody is detrimental AND Best interests of child

Page 18: Powerpoint Presentation from Workshop

2007 SRL CONFERENCE

STAGE THREE: GETTING THE ORDER

Salt & Pepper

--------------------

Order & Letters

Page 19: Powerpoint Presentation from Workshop

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

Page 20: Powerpoint Presentation from Workshop

2007 SRL CONFERENCE

STAGE FOUR: LIVING WITH IT

Visitation by Parent

No JC Form

Petition for Visitation1. Notice

2. Petition

3. Order

Page 21: Powerpoint Presentation from Workshop

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)

Page 22: Powerpoint Presentation from Workshop

2007 SRL CONFERENCE

VOLUNTEERS

Time to recruit Time to train Time to administrate

Worth every effort