Fillable OrAppCMProb ORDER APPOINTING COUNSEL FOR MINOR

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OrAppCMProb ORDER APPOINTING COUNSEL FOR MINOR

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Order Appointing Counsel for Minor – Probate §1470, 1516.5
Page 1 of 3
SUPERIOR COURT, COUNTY OF SAN BERNARDINO
___________________ DISTRICT
Case No. ___________________________
Case Name: _____________________________________________________
ORDER APPOINTING COUNSEL FOR MINOR
PROBATE CODE SECTIONS
1470 and 1516.5
The Court appoints private legal counsel for the ward (proposed ward), based
upon the following determination:
1. The minor is not represented by legal counsel AND
2. Counsel would be helpful to the resolution of this case or is necessary to protect
the minor’s interests because: (check all that apply)
a. Allegations of physical or financial abuse to the minor
b.
Conflicting allegations of fitness of parents/potential guardian
c.
Petition to have child declared free from custody and control of
parent(s) per Probate Code Section 1516.5
d.
Petition for medical treatment of minor under Probate Code Section
2357 (mandatory)
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______________________________________________________________________________
Order Appointing Counsel for Minor – Probate §1470, 1516.5
Page 2 of 3
IT IS THEREFORE ORDERED THAT:
Pursuant to Probate Code Section 1470 and/or 1516.5, the Court hereby
appoints _______________________________, whose office address and telephone
number is: ______________________________________________________ as
counsel for the minor __________________________________________.
Counsel is appointed to address the following issue(s):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Counsel shall have:
1. Reasonable access to the minor with adequate notice;
2. Notice of any proceeding;
3. Access to any and all documents, report, and test results pertaining
to the proposed ward/ward from therapists, physicians, mental
health professionals, regional centers, schools, etc.;
4. Full access to any mental health professional and/or medical
professional treating the minor;
5. Full access to daycare providers, home health care providers,
babysitters, teachers, schools, recreational facilities and any other
individual who, in the attorney’s opinion, has information which
would be beneficial to the attorney in representing the minor’s best
interests;
______________________________________________________________________________
Order Appointing Counsel for Minor – Probate §1470, 1516.5
Page 3 of 3
6. The right to assert any privilege on behalf of the minor;
7. The right to veto any physical or psychological evaluation, for
purposes of the proceedings, which has not been ordered by the
Court;
8. Pursuant to Family Code Section 3152, the minor’s counsel may
request to the Court to authorize release of relevant Child
Protective Services reports or files concerning the minor; and
9. The right to seek independent psychological or medical evaluation
for purpose of any pending proceeding, upon application to the
Court.
The attorney shall advise the Court as to the client’s wishes in the proceeding.
The attorney shall also evaluate the issues before the Court and report to the
Court his/her observations and recommendations or opinions as to what actions
are in the client’s best interests. In the event of an irreconcilable conflict between
the wishes of the client and the recommendations of the appointed attorney
concerning the best interests of the client, the appointed attorney shall, at the
earliest opportunity, advise the Court of such conflict. The attorney shall, if
practical, ensure that the client is afforded an opportunity to address the Court
directly. The Court, in its discretion, may discharge the existing appointed
counsel and appoint a new attorney to represent the interests of the client in
further proceedings.
Dated: _________________ _______________________________
Judge/Commissioner
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OrAppCMProb ORDER APPOINTING COUNSEL FOR MINOR

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Completed 3 July 2020

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