§5.12 Appointment of Guardian

You may appoint a legal guardian if [WIC §360(a); CRC 5.620(d), 5.695(b)(1)]:

• The parent advised you that he or she is not interested in reunification or family maintenance services;
• You find that the parent, and the child if of sufficient age and comprehension, knowingly waive reunification services and agree to the appointment of a guardian [see form JV-195]; and
• You find that a guardianship is in the child’s best interests.

If you appoint a legal guardian, you must [WIC §360(a); CRC 5.695(b)(2), (3)]:

• State on the record that you read and considered the assessment prepared pursuant to WIC §361.5(g) (governing assessments prepared for a .26 hearing following denial of reunification services);
• State your findings and the factual bases for them;
• Advise the parent that no reunification services will be offered or provided;
• Make any appropriate visitation orders;
• Order that letters of guardianship be issued [see form JV-330]; and
• Set a six-month review hearing if you declare the child to be a dependent.