Title
Title
Rules and Forms | Juvenile Law: Guardianship Rules and Forms (Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee recommends amending nine California Rules of Court that provide procedures to establish, terminate, modify, or oversee guardianships in juvenile court proceedings and revising two forms used for court orders in those proceedings. The amendments and revisions are required to conform to recent statutory amendments, resolve inconsistencies with existing statutes and other rules of court, and make technical corrections.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2021:
1. Amend rule 5.510(c)(1)(A) to clarify the juvenile court's exclusive jurisdiction over guardianships in child welfare proceedings;
2. Amend rule 5.620(d) to clarify that the juvenile court may appoint a guardian in a dependency proceeding at the dispositional hearing and to correct a cross-reference to rule 5.695;
3. Amend rule 5.620(e) to clarify that it applies exclusively to existing probate guardianships and to conform its requirements to statute;
4. Amend rule 5.625(b) to clarify the procedures for appointing a guardian in a juvenile justice proceeding and indicate the court's discretion, after appointing a guardian, to continue wardship and supervision or to terminate wardship;
5. Amend rule 5.625(c) to clarify that it applies exclusively to existing probate guardianships and to conform its requirements to statute;
6. Amend rule 5.695(a) to indicate that the requirements in Welfare and Institutions Code section 360(a) must be met for the court to appoint a legal guardian at the dispositional hearing and to clarify the conditions precedent to the clerk's duty to issue letters of guardianship;
7. Amend rule 5.725(a) to add references to statutes governing the appointment of a guardian in juvenile justice proceedings;
8. Amend ru...
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