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2014 California Rules of Court

Rule 5.815. Appointment of legal guardians for wards of the juvenile court; modification or termination of guardianship

(a) Proceedings in juvenile court (§ 728)

Proceedings for the appointment of a legal guardian for a child who is a ward of the juvenile court under section 725(b) may be held in the juvenile court.

(Subd (a) amended effective January 1, 2007.)

(b) Recommendation for guardianship (§ 728(c))

On the recommendation of the probation officer supervising the child, the motion of the attorney representing the child, or the court's own motion and order that a legal guardian should be appointed for the child, the court must set a hearing to consider the establishment of a legal guardianship and must order the probation officer to prepare an assessment that includes:

(1)A review of the existing relationship between the child and the proposed guardian;

(2)A summary of the child's medical, developmental, educational, mental, and emotional status;

(3)A social history of the proposed guardian, including a screening for criminal records and any prior referrals for child abuse or neglect;

(4)An assessment of the ability of the proposed guardian to meet the child's needs and the proposed guardian's understanding of the legal and financial rights and responsibilities of guardianship; and

(5)A statement confirming that the proposed guardian has been provided with a copy of Guardianship Pamphlet (form JV-350) or Guardianship Pamphlet (Spanish) (form JV-350S).

(Subd (b) amended effective January 1, 2007.)

(c) Forms

The probation officer or child's attorney may use Juvenile Wardship Petition (form JV-600) and Petition to Modify Previous Orders-Change of Circumstances (form JV-740) to request that a guardianship hearing be set.

(Subd (c) amended effective January 1, 2007.)

(d) Notice (§ 728(c))

The clerk must provide notice of the hearing to the child, the child's parents, and other individuals as required by Probate Code section 1511.

(e) Conduct of hearing

The court must read and consider the assessment prepared by the probation officer and any other evidence. The preparer of the assessment must be available for examination by the court or any party to the proceedings.

(f) Findings and orders

If the court finds that establishment of a legal guardianship is necessary or convenient and consistent with the rehabilitation and protection of the child and with public safety, the court must appoint a legal guardian and order the clerk to issue letters of guardianship (Letters of Guardianship (Juvenile) (form JV-330)).

(1)The court may issue orders regarding visitation and contact between the child and a parent or other relative.

(2)After the appointment of a legal guardian, the court may continue juvenile court wardship and supervision or may terminate wardship.

(Subd (f) amended effective January 1, 2007; previously amended effective July 1, 2006.)

(g) Modification or termination of the guardianship, or appointment of a co-guardian or successor guardian

A petition to terminate a guardianship established by the juvenile court, to appoint a co-guardian or successor guardian, or to modify or supplement orders regarding the guardianship must be filed and heard in juvenile court. The procedures described in rule 5.570 must be followed, and Juvenile Wardship Petition (form JV-600) and Petition to Modify Previous Orders-Change of Circumstances (form JV-740) must be used. The hearing on the motion may be held simultaneously with any regularly scheduled hearing regarding the child.

(Subd (g) amended effective January 1, 2007.)

Rule 5.815 amended and renumbered effective January 1, 2007; adopted as rule 1496.2 effective January 1, 2004; previously amended effective July 1, 2006.

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