GUARDIANSHIPS

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GUARDIANSHIPS

• MONICA MITCHELL
• SUPERVISING ATTORNEY, SELF HELP SERVICES
• MMITCHELL_at_COURTS.SBCOUNTY.GOV

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WHAT and WHO

• Legal right to take care of someone elses child

• PEOPLE YOU CANT HELP
• PARENTS (own child)
• WARD OF COURT
• PEOPLE YOU CAN HELP
• RELATIVES/FRIENDS
• FAMILY LAW CASE OK

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STEP ONE GETTING INTO THE SYSTEM

• FILING THE PAPERS THE BIG HASSLE

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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

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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

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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

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FORMS TIPS

• Plain language form has prompt as to required
  additional forms.
• Check with your court re local forms
• Customize your courts forms on EZ LEGAL
• Beware the gatekeepers

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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)

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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

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FORMS ARE FILED . . . WHAT NEXT?

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

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FORMS ARE FILED . . . WHAT NEXT?

• Unable to find Due Diligence/Request to Excuse
  Notice
• Reasonable under the circumstances
• Court determines good cause

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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

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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.

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OBJECTIONS TO GUARDIANSHIPS

• Government Code 70654(e), 70657(a)(4)
• Objection Form
• Other uses
• Cant file Objection if guardianship case is
  over the guardianship letters have already
  been issued

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INVESTIGATIONS

• Mandatory investigation for non-relative
• Courts discretion for relatives
• CHECK LOCAL PRACTICE!
• Scenarios
• Petitioner has criminal background
• Minor previously abused
• Fight between parent and petitioner

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LEGAL STANDARDS

• Depends on whether there is an Objection by
  Parent
• If parent doesnt get involved, loose standard
• Each judge is different
• School/Football

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HARDEST GUARDIANSHIP CASE TO WIN

• PARENT FILES OBJECTION
• Parents custody is detrimental AND
• Best interests of child

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STAGE THREE GETTING THE ORDER

• Salt Pepper
• --------------------
• Order Letters

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STAGE FOUR LIVING WITH IT

• Termination
• Notice
• Petition
• Order
• Moving out of CA
• Termination
• Notice
• Petition to Fix
• Order

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STAGE FOUR LIVING WITH IT

• Visitation by Parent
• No JC Form
• Petition for Visitation
• Notice
• Petition
• Order

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MORE MATERIALShttp//www.courtinfo.ca.gov/progra
ms/equalaccess/San Bernardinos Training Manual
basic programSan Bernardinos Advanced Manual
includes estates (sample accounting)
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VOLUNTEERS

• Time to recruit
• Time to train
• Time to administrate
• Worth every effort