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2022 California Rules of Court

Rule 5.240. Appointment of counsel to represent a kid in family law proceedings

(a) Date considerations

In considering appointing counsel under Family Lawmaking section 3150, the court should have into account the following factors, including whether:

(ane)  The issues of child custody and visitation are highly contested or protracted;

(two)  The child is subjected to stress as a effect of the dispute that might be alleviated by the intervention of counsel representing the child;

(3)  Counsel representing the child would be probable to provide the courtroom with relevant information not otherwise readily available or likely to be presented;

(4)  The dispute involves allegations of concrete, emotional, or sexual abuse or fail of the kid.

(5)  It appears that 1 or both parents are incapable of providing a stable, safe, and secure environment;

(half dozen)  Counsel is available for appointment who is knowledgeable nigh the issues being raised regarding the child in the proceeding;

(7)  The best interest of the child appears to crave independent representation; and

(8)  If at that place are two or more children, any child would require separate counsel to avoid a conflict of interest.

(b) Request for appointment of counsel

The court may appoint counsel to represent the best interest of a child in a family police force proceeding on the court's own motility or if requested to do so by:

(1)  A party;

(2)  The attorney for a political party;

(3)  The child, or any relative of the kid;

(four)  A mediator under Family unit Lawmaking department 3184;

(5)  A professional person person making a custody recommendation under Family Code sections 3111 and 3118, Evidence Code department 730, or Code of Civil Procedure section 2032.010 et seq.;

(half-dozen)  A county counsel, district attorney, city chaser, or city prosecutor authorized to prosecute child abuse and neglect or child abduction cases nether state police force; or

(vii)  A court-appointed guardian advertisement litem or special advocate;

(8)  Any other person who the courtroom deems appropriate.

(c) Orders appointing counsel for a child

The court must issue written orders when appointing and terminating counsel for a child.

(1)  The appointment orders must specify the:

(A)  Appointed counsel'southward proper name, address, and phone number;

(B)  Name of the child for whom counsel is appointed; and

(C)  Child'due south appointment of nascency.

(2)  The engagement orders may include the:

(A)  Child'due south accost, if appropriate;

(B)  Bug to be addressed in the example;

(C)   Tasks related to the case that would do good from the services of counsel for the child;

(D)  Responsibilities and rights of the child's counsel;

(E)  Counsel's rate or corporeality of compensation;

(F)  Allocation of fees payable by each party or the court;

(G)  Source of funds and fashion of reimbursement for counsel's fees and costs;

(H)  Allocation of payment of counsel's fees to one party subject field to reimbursement by the other political party;

(I)  Terms and amount of whatsoever progress or installment payments; and

(J)  Ability of the courtroom to reserve jurisdiction to retroactively modify the order on fees and payment.

(three)  Courts may utilise Club Appointing Counsel for a Child (grade FL-323) or may supplement grade FL-323 with local forms developed under dominion ten.613.

(Subd (c) amended effective January ane. 2013.)

(d) Panel of counsel eligible for appointment

(one)  Each court may create and maintain a list or panel of counsel coming together the minimum qualifications of this rule for appointment.

(2)  If a listing or panel of counsel is maintained, a court may appoint counsel not on the list or panel in special circumstances, taking into consideration factors including language, culture, and the special needs of a kid in the following areas:

(A)  Child abuse;

(B)  Domestic violence;

(C)  Drug corruption of a parent or the kid;

(D)  Mental health issues of a parent or the child;

(Due east)  Particular medical issues of the child; and

(F)  Educational issues.

(3)  If the court maintains a panel of counsel eligible for engagement and the court appoints counsel who is not on the panel, the courtroom must state the reason for not appointing a panel counsel in writing or on the record.

(four)  Whatever lists maintained from which the court might engage counsel should be reviewed at least annually to ensure that those on the listing meet the education and training requirements. Courts should inquire counsel annually to update their information and to notify the court if any changes would make them unable to be appointed.

(Subd (d) amended effective January i, 2013.)

(e) Complaint procedures

By January 1, 2010, each courtroom must develop local court rules in accordance with dominion ten.613 that provide for acceptance and response to complaints nigh the performance of the court-appointed counsel for a child.

(f) Termination of date

On inbound an appearance on behalf of a child, counsel must go along to stand for that child until:

(1)  The conclusion of the proceeding for which counsel was appointed;

(2)  Relieved by the court;

(iii)   Substituted past the courtroom with other counsel;

(four)  Removed on the court's ain motion or asking of counsel or parties for good cause shown; or

(5)  The kid reaches the historic period of majority or is emancipated.

Rule 5.240 amended effective Jan i, 2013; adopted effective January ane, 2008.

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