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2017 California Rules of Court

Rule 5.735. Legal guardianship

(a) Proceedings in juvenile court (§ 366.26(d))

The proceedings for the appointment of a legal guardian for a dependent child must be in the juvenile court. The request for appointment of a guardian must be included in the social study report prepared by the county welfare department or in the assessment prepared for the hearing under section 366.26. Neither a separate petition nor a separate hearing is required.

(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 1997, July 1, 1999, and January 1, 2006.)

(b) Notice; hearing

Notice for the guardianship hearing must be given under section 294, and the hearing must proceed under section 366.26.

(Subd (b) amended effective January 1, 2006; previously amended effective July 1, 1999.)

(c) Findings and orders

(1)If the court finds that legal guardianship is the appropriate permanent plan, the court must appoint the guardian and order the clerk to issue letters of guardianship, which will not be subject to the confidentiality protections described in section 827.

(2)The court must issue orders regarding visitation of the child by a parent or former guardian, unless the court finds that visitation would be detrimental to the physical or emotional well-being of the child.

(3)The court may issue orders regarding visitation of the child by a relative.

(4)On appointment of a guardian under section 366.26, the court may terminate dependency.

(Subd (c) amended and relettered effective January 1, 2017; adopted as subd (d); previously amended effective July 1, 1999, and January 1, 2006.)

(d) Notification of appeal rights

The court must advise all parties of their appeal rights as provided in rule 5.590.

(Subd (d) amended and relettered effective January 1, 2017; adopted as subd (e); previously amended effective January 1, 2006, and January 1, 2007.)

Rule 5.735 amended effective January 1, 2017; adopted as rule 1464 effective January 1, 1991; renumbered as rule 1465 effective July 1, 1995; previously amended effective July 1, 1999, and January 1, 2006; previously amended and renumbered as rule 5.735 effective January 1, 2007.

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