FM-1055 REV 01/10/2020 ORDER APPOINTING CHILDREN’S COUNSEL Page 4 of 5
paragraph k below. Children’s Counsel shall have access to any and all reports, test results, and other
documents relating to the children from third parties, for example but not limited to, school personnel, medical
personnel, and Department of Family and Children’s Services workers. The release of this information to
Children’s Counsel shall not constitute a waiver of the confidentiality of the reports, files, and/or any disclosed
communications. All privileged documents shall continue to be privileged. Each party shall sign releases for
such information as requested by the Children’s Counsel.
i. The parties or their counsel shall provide Children’s Counsel with the names, addresses, and telephone
numbers for all individuals involved with the treatment, care, daycare, and education of the children within 14
days of this order, and shall keep counsel informed of any changes in this information.
j. There shall be no ex parte communication between the children’s counsel and any Family Court Services
assessor/evaluator, private assessor/evaluator, and mental health professional appointed by the Court or
hired by the parties, except for the parties’ own therapists, except where it is expressly authorized by the
Court or undertaken pursuant to Family Code §3151 (c)(5) . The above limitations shall not apply under the
circumstances set forth in Family Code Section 216 (c)(1) and (2).
k. Children’s Counsel shall be permitted to review the Family Court Services files regarding the case. Any
request for copies of a Family Court Services file shall be subject to obtaining appropriate protective orders
from the Court and must be consistent with Santa Clara County Local Rules, Family Rule 2 (C)(6).
l. Children’s Counsel may participate in mediation of parenting issues with the parents, whether through Family
Court Services or private mediation, subject to the requirements of Family Code §§ 3177 and 3182. All parties
shall be responsible for reasonable notice to the children's counsel of any scheduled mediation. Children’s
Counsel is bound by mediation confidentiality, as are the parents.
m. If the Children’s Counsel is preparing an order, or any time Children’s Counsel deems appropriate, he/she
may obtain a transcript. The cost of the transcript shall be included in Children’s Counsel’s next application
for fees and costs.
10. REVIEW OF APPOINTMENT:
a. Children's counsel, counsel for any party, a self-represented party, or the Court may set a Case Management
Conference prior to the end of twenty-four months from the filing of this order, for the purpose of determining
whether or not a hearing will be required on the question of continuing or ending the appointment. If no one
sets a Case Management Conference by the end of twenty-four months from the filing of this order, the
appointment shall continue for another twelve months, with the same right to put the question before the Court
at the end of each subsequent twelve-month period.
b. If all parties and Children’s Counsel agree that counsel’s appointment should end, they shall present a signed
stipulation stating the reasons for termination to the court for the Court’s review.
c. Appointment shall terminate upon emancipation of the children, except as to any continuing orders.
11. ATTORNEY FEES AND COSTS:
a. Children’s Counsel shall receive a reasonable sum for compensation and expenses, the amount of which
shall be determined by the Court. Family Code § 3153(a).
b. The parties are responsible for the payment of Children’s Counsel’s fees and costs, unless the Court finds
that one or both of the parties are unable to pay all or a part of the fees of Children’s Counsel . The Court can