Last updated: 5/29/2015
Order Appointing Court Investigator {SC-6008}
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Description
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: Guardianship of: GUARDIANSHIP ORDER APPOINTING COURT INVESTIGATOR CASE NUMBER: TO: Santa Barbara County Superior Court Investigator (Proposed guardian is relative) Director, Department of Social Services (Proposed guardian is non-relative) You are hereby appointed to investigate the above-entitled matter. 1. Prior to appointment of a guardian, you are directed to: a. personally interview and inform the proposed guardian, the proposed ward, and both parents, if available, of the contents of the nature, purpose, and effect of the proceedings; b. personally visit the proposed guardian's home; and c. prepare a confidential report, including, but not limited to, an investigation and discussion of all of the following: 1. the social history of the proposed guardian, including a. employment information; b. criminal convictions, if any; 2. the social history of the proposed ward, including a. an assessment of any identified developmental, emotional, psychological, or educational needs of the proposed ward and the capability of the petitioner to meet those needs, b. the marital status of the minor; 3. the relationship of the proposed ward to the proposed guardian, including a. the duration and character of the relationship, b. the circumstances whereby physical custody of the proposed ward was acquired by the guardian, and c. a statement of the proposed ward's attitude concerning the proposed guardianship, unless the statement of attitude is affected by the proposed ward's developmental, physical or emotional condition; 4. the need for and anticipated duration of the guardianship and the plans of both natural parents and the proposed guardian for the stable and permanent home for the child; and 5. inquire whether the child is or may be an Indian child. If you know or have reason to know that an Indian child is or may be involved, you must make further inquiry as soon as practicable as required by California Rules of Court, Rule 5.481 subdivision (a) (4). 6. In an Indian child custody proceeding, you shall consult with the Indian child's tribe and include in the report information provided by the tribe. SC-6008 [Rev. July 14, 2009] ORDER APPOINTING COURT INVESTIGATOR GUARDIANSHIP Probate Code 1513 American LegalNet, Inc. www.FormsWorkFlow.com Insert Case Name: Case Number: d. For the purposes of preparing the report, the investigator shall have access to the following records pertaining to the proposed ward: a. school records, b. probation records, c. public and private social services records, and d. an oral or written summary of the proposed ward's medical and psychological records prepared by any physician, psychologist, or psychiatrist who made or who is maintaining those records. The physician, psychologist, or psychiatrist shall be available to clarify any information regarding these records pursuant to the investigator's responsibility to gather and provide information for the child. The Confidentiality of Medical Information Act provides: "The information relevant to the patient's condition, care, and treatment provided may be disclosed . . . to a probate court investigator, probation officer, or domestic relations investigator engaged in determining the need for an initial guardianship or continuation of an existing guardianship." (California Civil Code section 56.10, subdivision (c)(12).) 2. At the hearing on the petition for appointment of a guardian, you may be called and examined by any party to the proceeding. 3. The report is due on or before five days before the hearing date. Date: ________________ ____________________________________________ Judge of the Superior Court SC-6008 [Rev. July 14, 2009] ORDER APPOINTING COURT INVESTIGATOR GUARDIANSHIP Probate Code 1513 American LegalNet, Inc. www.FormsWorkFlow.com