Probate-Order For Emergency Screening {PB-4046}

ATTACHMENT PB-4046 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA FOR COURT USE ONLY COURT ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: 191 North First Street 191 North First Street San Jos351, California 95113 Downtown Courthouse - Probate Division Guardianship of: 1. 2. 3. 4. PROBATE ORDER FOR EMERGENCY SCREENING CASE NUMBER: The Court finds that: Good cause exists to order the people checked below participate in an Emergency Screening. The Court orders that: Mother Father Maternal Grandmother (Mother222s Mother) Maternal Grandfather (Mother222s Father) Paternal Grandmother (Father222s Mother) Paternal Grandfather (Father222s Father) Other: (name) (relationship to child) Not a relative: (name) shall participate in an Emergency Screening with Family Court Services as follows: Leave blank. The court will fill out 226 191 North First Street, Dept. 3 , San Jos351, CA 95113 201 North First Street, San Jos351, CA 95113 Date: Time: ***This form must be personally served on the people who are ordered to come to the creening before the creening occurs.*** Please read the attached Emergency Screening nstructions for more information about what you need to do and what you need to bring to the creening. A map is on the back of this order to help you find the building. Date: Judicial Officer THIS IS A COURT ORDER PB-4046 REV 07/01/10 For Mandatory Use ORDER FOR EMERGENCY SCREENING (Probate 226 Guardianship) Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com ATTACHMENT PB-4046 MAP TO COURTHOUSE BUILDINGS Santa Clara St. Almade n Blvd. Notre Dame Ave Julian St. Civil/ Probate Court 191 N. First St. Terraine St. Park Ave. Julian St. St. James St . Market St. 1 st St . St. John St. N Hwy 87 Hwy 280 Law Library 360 N. First St. (approx. 274 mile from Civil Courthouse) Family Justice Center 201 North First Street PB-4046 REV 07/01/10 For Mandatory Use ORDER FOR EMERGENCY SCREENING (Probate 226 Guardianship) Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA EMERGENCY SCREENING INSTRUCTIONS YOU HAVE BEEN ORDERED BY THE COURT TO GO TO AN EMERGENCY SCREENING REGARDING GUARDIANSHIP OF A CHILD to take place on the day of the hearing shown on your Court papers entitled Order for Emergency Screening YOU HAVE BEEN ORDERED TO APPEAR AT: Where: 191 North First Street, San Jos351, CA (Department 3) 201 North First Street, San Jos351, CA ( Floor - Family Court Services) When: See attached Order for Emergency Screening 1.Read the Court papers behind this form. You must obey all court orders on those papers, as well as anyearlier court orders which remain in effect. Your court date is located in the large box on the Order forEmergency Screening. The Judge may also have made other orders, such as restraining orders, temporarycustody, visitation or placement orders.2.If you have an attorney, let him or her know as soon as possible about this Emergency Screening (223Screening224)order, since attorneys must appear at Emergency Screenings.3.What to bring to the Screening:Copies of all of the forms attached to these instructions, including the forms that say you are orderedto go to a Screening.If you are the party who asked the Court for the Screening, a filed-endorsed copy of the Proof ofService form that shows that the other parties were served with the Court222s order to come to theScreening.Any papers filed by another party in response to your papers, including, filed Answer, Objection,Response, Responsive Declaration, or competing Petition. copies for the other parties of anything you are bringing for the creener to read or see. 4. If you are ordered to go to 191 N. First Street, please go directly to Department 3 of the Superior Court, which ison the 5thfloor. When you arrive at Department 3, please check in with the Deputy. Please show the deputy yourcopy of the creening order. If you are ordered to go to Family Court Services, please go to 201 North FirstStreet and check in on the 1st floor. A map is on the back of your order to help you find the buildings. Uponarrival, the creener may have you fill out or update forms required by Family Court Services (FCS). Be sure toarrive on time for the Screening. 5.All attorneys and parties must be present and have turned in the paperwork given to them by FCS before an FCSinvestigator (223Screener224) is assigned to the case. Attorneys must remain available throughout the Screening. 6. Children/Childcare for Screenings: All children (from age 0 to 18) who are the subject(s) of the creening needto be available within 15 minutes from the courthouse for possible interview or observation. Parties must have aresponsible adult (other than the parties) available to provide child care for their children. The court maycancel the Screening if the child(ren) are not supervised.\ 7.The screener will review the forms that the parties complete and interview the parties and counsel. The screenerwill decide the order of interviews and what additional witnesses and contacts are needed as part of thescreening. 8.FCS will not look at any papers you give them unless you have proof that you have given a copy to the otherparties, their attorney(s), and the child222s attorney, if there is one. Proof is a signed declaration made underpenalty of perjury or a proof of service form. A Declaration of Mailing or Personal Service form is available onlineat www.courts.ca.gov/forms.htm or at FCS. PB-4046 REV 07/01/10 EMERGENCY SCREENING INSTRUCTIONS Page 3 of 4 American LegalNet, Inc. www.FormsWorkFlow.com ATTACHMENT PB-4046 9.Please give notice and written permission to all social workers, teachers, doctors, or other people that haveimportant information about the screening issues, so they are available by telephone on the day of the screening.Screenings will not be finished and court hearings may be rescheduled, if important information is not immediatelyavailable. 10. ALL PARTIES AND THEIR ATTORNEYS MUST RETURN TO THE COURTROOM WHEN THE EMERGENCYSCREENING IS FINISHED. If your Emergency Screening took place at 191 North First Street, San Jos351, CA,please return to Department 15. If your Emergency Screening took place at Family Court Services 201 North FirstStreet, Floor, San Jos351, CA, please return to the courtroom designated by your screener. WHAT IS AN EMERGENCY SCREENING? An Emergency Screening (223Screening224) is an emergency investigation which helps the Court make an immediate decision about child custody and visitation based on the best interests, health, and safety of the child. HOW DOES A SCREENING WORK? 226 An investigator (the 223Screener224) from Family Court Services (223FCS224) will learn about the child222s living situation and other issues relating to custody and visitation. Most Screenings take a few hours and are usually finished on the same day they are started. Some will take longer. The screener may: Talk with the parties, their attorneys, and the child222s attorney, if s/he has one,Read papers related to the emergency issues (see page 1 about giving papers to the other parties),Look at criminal records of anyone living in the house with the child,Talk to the child(ren) and watch how the child(ren) acts with the parties or family members,Talk with other family members or witnesses by phone or in person,Collect more information (such as: from school, daycare, a doctor, Child Protective Services (CPS), or thepolice). The screener will then make written recommendations first to the parties and their attorney(s). If all of the parties agree with the recommendations and the recommendations are approved by the court, the recommendations will become court Orders. If one or more of the parties does not agree with the recommendations, the screener222s recommendation will be presented to the Judge and the parties will have a brief hearing in court with the Judge. In either case, the Judge will make immediate temporary orders. WHAT DOES A SCREENING COST AND WHO PAYS? 226 An Emergency Screening costs $160 per hour with a deposit of $250 due from each party. Fees are generally shared between the parties unless a judge decides otherwise. You can ask for a fee wai