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General Information For Self-Represented Litigants PR-067 - California
| General Information For Self-Represented Litigants Form. This is a California form and can be used in Probate San Diego Local County . |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, MADGE BRADLEY, 1409 4TH AVE., SAN DIEGO, CA 92101 GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS The following information is intended to answer general questions the self-represented litigant may have about guardianship of the person. This is not a complete reference or procedural guide nor is it intended as legal advice. It is your responsibility to read and comply with the applicable laws, use current forms, and be prepared to present your case. What is guardianship? Guardianship is a court proceeding in which a judge gives someone who is not the parent: custody of a child under the age of 18. This type of guardianship is called "Guardianship of the Person"; power to manage the child's income, money, or other property until the child turns 18. This type of guardianship is called "Guardianship of the Estate"; or both. More information about guardianship of the person and the estate can be found at www.courtinfo.ca.gov/selfhelp/family/guardianship and www.sdcourt.ca.gov (click on Probate). If there is an open Juvenile Court case, contact the Child Protective Services (CPS) worker assigned to the case or go to Juvenile Court to find out what your next step is. When there is an open Juvenile Court case, the Probate Court generally does not have the authority to grant a guardianship petition. If there is an open Family Court case with an order of custody to a parent, you will be required to join in that case to seek custody of the child. Guardianship of the Person A petition for guardianship of the person is filed when a minor child is living with an adult who is not the parent and the adult needs the legal right to make decisions on behalf of the child. When a guardian of the person is appointed, the guardian is awarded custody of the child and the natural parents no longer have the right to determine where the child will live or how he or she will be educated. Instead, the guardian has those rights, including the responsibility to determine medical treatment for the child. What do I have to do to become the guardian of the person? To become the legal guardian of a child, you first have to file a petition and other forms with the court. You must fill out the following forms, available in the Probate Department business office and online at www.sdcourt.ca.gov (click on Forms, then Probate): Petition for Appointment of Guardian of the Person (JC Form #GC-210(P)) Attachment to Guardianship Petition Child Information Attachment (JC Form #GC-210(CA)) Notice of Hearing (Guardianship or Conservatorship) (JC Form #GC-020) Consent of Proposed Guardian, Nomination of Guardian and Consent to Appointment of Guardian and Waiver of Notice (JC Form #GC-211) Duties of Guardian and Acknowledgment of Receipt (JC Form #GC-248) Letters of Guardianship (JC form #GC-240) Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)(JC Form #FL-105) Confidential Guardianship Screening Form (JC Form #GC-212) Order Appointing Guardian of Minor (JC Form #GC-240) Order Directing or Waiving Investigation (SDSC Form #PR-63) Information Sheet on Indian Child Inquiry Attachment and Notice of Child Custody Proceeding for Indian Child (JC Form #ICWA-005-INFO) Indian Child Inquiry Attachment (JC Form #ICWA-010A) SDSC PR-067 (Rev. 10/12) GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS Page 1 of 6 American LegalNet, Inc. www.FormsWorkFlow.com What happens after I fill out the forms? After you fill out the required forms: Make at least three copies of each completed form. File your forms with the Probate Department at one of the courthouses listed on page 1. There is a filing fee due at the time you file your papers. (Refer to the sections "Is there a fee to file a guardianship?" and "What if I don't have enough money to pay the fees?" on page 2 and 3.) The clerk will keep the original forms and return the copies to you. Your copies will be file stamped and have a hearing date on them. Serve a copy of the filed paperwork upon parents and relatives as required by law. (Refer to the section on "Serving Parents and Relatives" on page 3.) Follow the procedures for guardianship investigations below: 1. Review the Instructions to Proposed Guardians (SDSC Form #PR-61). 2. If you are a relative (related by blood, marriage, or adoption), immediately make an appointment with Family Court Services (FCS) in person as soon as you file your petition and receive a hearing date. The address for the FCS downtown is 1555 Sixth Avenue, San Diego, CA 92101. Family Court Services is located on the second floor. The hours are from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Monday thru Thursday and 8:00 a.m. to 12:00 p.m. on Friday. The phone number is (619) 450-7888. You may call for information as needed, however appointments will not be given over the phone. You must have copies of your filed paperwork with you when you make your appointment in person. Follow the instructions provided by FCS regarding your appointment. In addition, you must serve a copy of the Notice of Hearing and Petition for Appointment of Guardian to: Health & Human Services Agency (HHSA), Guardianship Unit, 6950 Levant Street, San Diego, CA 92111. 3. If you are not a relative, as soon as you file your petition and receive a hearing date, serve a copy of the Notice of Hearing, Petition for Appointment of Guardian of the Person, and the Order Directing or Waiving Investigation (SDSC Form #PR-063) to: Health & Human Services Agency (HHSA), Guardianship Unit, 6950 Levant Street, San Diego, CA 92111 and State Department of Social Services, Director of Social Services, 744 P Street, Sacramento, CA 95814. 4. Follow the directions of the investigating agency and keep your appointments. 5. If you change your address before completion of the investigation, fill out and file a Notice of Change of Address form (JC Form #MC-040) and send a copy to the agency immediately. If a guardian fails to notify the court of a change of address, the court may order the guardian to pay the attorney's fees of any attorney appointed to locate the guardian and the minor child. 6. The investigating agency will prepare its report and file it directly with the court. Is there a fee to file a guardianship? Yes. There are court costs the court filing fee and the investigation fee. The current fee amounts can be found on the court's Fee Schedule (SDSC Form #ADM-001), available on the court
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