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2017 California Rules of Court

Rule 7.1020. Special Immigrant Juvenile Findings in Guardianship Proceedings

(a) Application

This rule applies to a request by or on behalf of a minor who is a ward or a proposed ward in a probate guardianship proceeding for judicial findings needed as a basis for filing a petition for classification as a Special Immigrant Juvenile (SIJ) under federal immigration law. The term "request under this rule" as used in this rule refers exclusively to such a request. This rule also applies to any opposition to a request under this rule, any hearing on such a request and opposition, and any findings of the court in response to such a request.

(b) Request for findings

(1)Who may file request

Any person or entity authorized under Probate Code section 1510 or 1510.1 to petition for the appointment of a guardian of the person of a minor, including the ward or proposed ward if 12 years of age or older, may file a request for findings regarding the minor under this rule.

(A)If there is more than one ward or proposed ward in the proceeding, a minor eligible to file a request for findings under this rule may do so only for himself or herself.

(B)The court may appoint an attorney under Probate Code section 1470 or a guardian ad litem under Probate Code sections 1003 and 1003.5 to file and present a request for findings under this rule for a minor or to represent the interests of a minor in a proceeding to decide a request filed on the minor's behalf by another.

(2)Form of request

(A)A request for findings under this rule must be made by verified petition. A separate request must be filed for each minor seeking SIJ findings.

(B)A request for findings under this rule by or on behalf of a minor filed concurrently with a petition for the appointment of a guardian of the person or for extension of a guardianship of the person past the 18th birthday of the minor must be prepared and filed as a separate petition, not as an attachment to the petition for appointment.

(Subd (b) amended effective July 1, 2016.)

(c) Notice of hearing

Notice of a hearing of a request for findings under this rule, and a copy of the request, must be sent to the minor's parents and the persons listed in section 1460(b) of the Probate Code, in the manner and within the time provided in that section, subject to the provisions of subdivision (e) of that section and sections 1202 and 1460.1 of that code.

(d) Opposition to request

Any of the persons who must be given notice of hearing of a request for findings under this rule may file an objection or other opposition to the request.

(e) Hearing on request

(1)If filed concurrently, a request for findings under this rule by or on behalf of a minor and a petition for appointment of a guardian of the person or extension of a guardianship of the person past the 18th birthday of that minor may be heard and determined together.

(2)Hearings on separate requests for findings under this rule by or on behalf of more than one ward or proposed ward in the same guardianship proceeding may be consolidated on the motion of any party or on the court's own motion.

(3)Hearings on requests for findings under this rule by or on behalf of minors who are siblings or half-siblings and are wards or proposed wards in separate guardianship proceedings may be consolidated on the motion of any party in either proceeding or on the motion of the court in either proceeding. If multiple departments of a single court or courts in more than one county are involved, they may communicate with each other on consolidation issues in the manner provided for inter-court communications on venue issues in guardianship and family law matters under section 2204 of the Probate Code and rule 7.1014.

(4)Hearings on contested requests for findings under this rule must be conducted in the same manner as hearings on other contested petitions under the Probate Code.

(5)Probate Code section 1022 applies to uncontested requests for findings under this rule.

(Subd (e) amended effective July 1, 2016.)

(f) Separate findings in multi-ward cases under this rule

The court must issue separate findings for each minor in a guardianship proceeding in which more than one minor is the subject of a request under this rule.

Rule 7.1020 amended effective July 1, 2016; adopted effective January 1, 2016.

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