Order Appointing Counsel For A Child {FL-323}

FL-323 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FOR COURT USE ONLY PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: CASE NUMBER: ORDER APPOINTING COUNSEL FOR A CHILD 1. The proceeding was heard: On (date): Judge (name): at (time): in Dept.: Temporary Judge Room: Petitioner/Plaintiff present Attorney present (name): Respondent/Defendant present Attorney present (name): Other parent/party present Attorney present (name): On the request for order, order to show cause, or motion filed (date): by (name): 2. THE COURT FINDS it is in the best interest of the child to appoint counsel to represent the child under Family Code section 3150(a). a. Counsel appointed for the child (name of counsel): b. Address: c. Phone number: d. E-mail address (optional): 3. CHILD OR CHILDREN FOR WHOM COUNSEL IS APPOINTED Name Date of birth Address(es) (if appropriate) 4. REASON FOR APPOINTMENT (specify): 5. DUTIES OF COUNSEL FOR A CHILD a. Counsel for a child must: (1) Represent the child's best interests. (2) Gather evidence that bears on the best interest of the child and present that admissible evidence to the court in any manner appropriate for the counsel of a party. (3) Present the child's wishes to the court if the child so desires. (4) Serve notices and pleadings on all parties consistent with rules and laws applicable to parties. (5) Unless under the circumstances it is inappropriate to exercise the duty: (A) Interview the child; (B) Review the court files and all accessible relevant records available to both parties; and (C) Make any further investigations child's counsel considers necessary to ascertain evidence relevant to the custody or visitation hearings. b. Counsel may introduce and examine witnesses, present arguments to the court concerning the child's welfare, and participate further in the proceeding to the degree necessary to represent the child adequately. Page 1 of 3 Form Approved for Optional Use Judicial Council of California FL-323 [Rev. January 1, 2012] ORDER APPOINTING COUNSEL FOR A CHILD Family Code, §§ 3150, 3151, 3151.5, 3152; Government Code, § 77003; Cal. Rules of Court, rules 5.240, 5.241, 5.242 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com FL-323 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: CASE NUMBER: 6. COUNSEL FOR A CHILD HAS THE FOLLOWING RIGHTS: a. To have reasonable access to the child; b. To have standing to seek affirmative relief on behalf of the child; c. To receive notice of any proceeding, and all phases of that proceeding, including a request for examination affecting the child; d. To be heard in the proceeding and take any action available to a party in the proceeding; e. To have access to the child's medical, dental, mental health, and other health-care records; f. To have access to the child's school and educational records; g. To interview school personnel, caretakers, health-care providers, mental health professionals, and others who have assessed the child or provided care to the child; h. To interview mediators subject to the provisions of Family Code sections 3177 and 3182; i. To assert or waive any privilege on behalf of the child; To receive reasonable advance notice of and the right to refuse any physical or psychological examination or evaluation that has not been ordered by the court; k. On approval of the court, to seek independent psychological or physical examination or evaluation of the child for purposes of the pending proceeding; l. On noticed motion to all parties and the local child protective services agency, to request the court to authorize the relevant local child protective services agency to release relevant reports or files concerning the child represented by the counsel as provided by Family Code section 3152; and m. Not to be called as a witness in the proceeding. (Fam. Code, §§ 3151(b), 3151.5) j. 7. DETERMINATION OF FEES AND PAYMENT a. Counsel for the child will be compensated as follows: (1) (Specify amount or rate and terms): (2) The court reserves jurisdiction to determine compensation payable to counsel for the child. (3) The court reserves jurisdiction to retroactively modify the compensation payable to counsel for the child. b. The court finds that the parties are able to pay the compensation and expenses for the child's counsel. The parties are ordered to pay counsel for the child as follows: (1) Petitioner/Plaintiff: % Respondent/Defendant: % Other parent/party: % (a) Petitioner/Plaintiff must make installment payments of $ per month until paid or modified by court order. (b) (c) Respondent/Defendant must make installment payments of $ Other parent/party must make installment payments of $ per month until paid or modified by court order. per month until paid or modified by court order. (2) The court reserves jurisdiction to reallocate attorney's fees and costs between the parties. c. The court finds that the parties are unable to pay The child's counsel must be paid as follows: (1) (2) (a) (b) (c) Petitioner/Plaintiff: Payable by court: % % all a portion of the costs for child's counsel. The court will pay all the fees and expenses for the child's attorney. Respondent/Defendant: % Other parent/party: % Petitioner/Plaintiff must make installment payments of $ Respondent/Defendant must make installment payments of $ Other parent/party must make installment payments of $ per month until paid or modified by court order. per month until paid or modified by court order. per month until paid or modified by court order. (3) The court reserves jurisdiction to reallocate attorney fees and costs between the parties. (4) The court may seek reimbursement from the parties if the court pays all or a portion of the compensation for the child's counsel. d. Other: FL-323 [Rev. January 1, 2012] ORDER APPOINTING COUNSEL FOR A CHILD Page 2 of 3 FL-323 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: CASE NUMBER: 8. ADDITIONAL ORDERS a. No later than 10 court days after being appointed by the court and before beginning work on the case, counsel for a child must file a declaration with the court indicating compliance with the requirements of rule 5.242 of the California Rules of Court. Declaration of Counsel for a Child Regarding Qualifications (form FL-322) or other local court forms may be used for this purpose. b. The parties and their counsel are ordered to cooperate with counsel for the child to permit th