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§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.


REFERENCE >> For a form of order to appoint a guardian, see form JV-418. For forms of consent and waiver of rights when a guardian is appointed, see forms JV-419 and JV-419A.


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© 2006 by Judicial Council of California
updated as of January 1, 2012