Title
Title
Rules and Forms | Probate Guardianship: Participation of a Minor Ward in Court (Action Required)
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Summary
Summary
The Probate and Mental Health Advisory Committee recommends amending rule 7.1016 of the California Rules of Court to conform to Senate Bill 654 (Stats. 2021, ch. 768, § 2), which amended Family Code section 3042 to place additional conditions on a minor child’s participation in court or testimony in proceedings, including probate guardianships of the person, that address child custody or visitation. The committee also recommends amending the rule to conform more closely to statute by limiting its application to specified proceedings and expanding its protections to apply to wards who are parties, as well as to express its requirements more clearly.
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Recommendation
Recommendation
The Probate and Mental Health Advisory Committee recommends that the Judicial Council amend California Rules of Court, rule 7.1016, effective January 1, 2025, to:
• Bar a court from permitting a ward to address the court in the presence of the parties absent a finding on the record that doing so would be in the ward’s best interest;
• Require specified professionals to inform the court if they become aware that a ward has changed their mind about addressing the court;
• Expand the rule’s protections to apply to wards who are parties;
• Limit the scope of the rule’s application to proceedings; and
• Express the rule’s requirements more clearly.
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