2007 California Family Code Chapter 10. Appointment Of Counsel To Represent Child

CA Codes (fam:3150-3153)

3150.  (a) If the court determines that it would be in the best
interest of the minor child, the court may appoint private counsel to
represent the interests of the child in a custody or visitation
proceeding.
   (b) Upon entering an appearance on behalf of a child pursuant to
this chapter, counsel shall continue to represent that child unless
relieved by the court upon the substitution of other counsel by the
court or for cause.



3151.  (a) The child's counsel appointed under this chapter is
charged with the representation of the child's best interests.  The
role of the child's counsel is to gather facts that bear on the best
interests of the child, and present those facts to the court,
including the child's wishes when counsel deems it appropriate for
consideration by the court pursuant to Section 3042.  The counsel's
duties, unless under the circumstances it is inappropriate to
exercise the duty, include interviewing the child, reviewing the
court files and all accessible relevant records available to both
parties, and making any further investigations as the counsel
considers necessary to ascertain facts relevant to the custody or
visitation hearings.
   (b) At the court's request,  counsel shall prepare a written
statement of issues and contentions setting forth the facts that bear
on the  best interests of the child.  The statement shall set forth
a summary of information received by counsel, a list of the sources
of information, the results of the counsel's investigation, and such
other matters as the court may direct.  The statement of issues and
contentions shall not contain any communication subject to Section
954 of the Evidence Code.  The statement of issues and contentions
shall be filed with the court and submitted to the parties or their
attorneys of record at least 10 days before the hearing, unless the
court orders otherwise.  At the court's request, counsel may orally
state the wishes of the child if that information is not a privileged
communication subject to Section 954 of the Evidence Code, for
consideration by the court pursuant to Section 3042.  Counsel shall
not be  called as a witness in the proceeding.  Counsel may introduce
and examine counsel's own 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.
  In consultation with representatives of the Family Law Section of
the State Bar and the Senate and Assembly Judiciary Committees, the
Judicial Council may specify standards for the preparation of the
statement of issues and contentions and may promulgate a model
statement of issues and contentions, which shall include simple
instructions regarding how to subpoena a witness, and a blank
subpoena form.
   (c) The child's counsel shall have the following rights:
   (1) Reasonable access to the child.
   (2) Standing to seek affirmative relief on behalf of the child.
   (3) Notice of any proceeding, and all phases of that proceeding,
including a request for examination affecting the child.
   (4) The right to take any action that is available to a party to
the proceeding, including, but not limited to, the following:  filing
pleadings, making evidentiary objections, and presenting evidence
and being heard in the proceeding, which may include, but shall not
be limited to, presenting motions and orders to show cause, and
participating in settlement conferences, trials, seeking writs,
appeals, and arbitrations.
   (5) Access to the child's medical, dental, mental health, and
other health care records, school and educational records, and the
right to interview school personnel, caretakers, health care
providers, mental health professionals, and others who have assessed
the child or provided care to the child.  The release of this
information to counsel shall not constitute a waiver of the
confidentiality of the reports, files, and any disclosed
communications.  Counsel may interview mediators; however, the
provisions of Sections 3177 and 3182 shall apply.
   (6) The right to reasonable advance notice of and the right to
refuse any physical or psychological examination or evaluation, for
purposes of the proceeding, which has not been ordered by the court.

   (7) The right to assert or waive any privilege on behalf of the
child.
   (8) The right to seek independent psychological or physical
examination or evaluation of the child for purposes of the pending
proceeding, upon approval by the court.



3151.5.  If a child is represented by court appointed counsel, at
every hearing in which the court makes a judicial determination
regarding custody or visitation the court shall consider any
statement of issues and contentions of the child's counsel.  Any
party may subpoena as a witness any person listed in the statement of
issues and contentions as having provided information to the
attorney, but the attorney shall not be called as a witness.



3152.  (a) The child's counsel may, upon noticed motion to all
parties and the local child protective services agency, request the
court to authorize release of relevant reports or files, concerning
the child represented by the counsel, of the relevant local child
protective services agency.
   (b) The court shall review the reports or files in camera in order
to determine whether they are relevant to the pending action and
whether and to what extent they should be released to the child's
counsel.
   (c) Neither the review by the court nor the release to counsel
shall constitute a waiver of the confidentiality of the reports and
files.  Counsel shall not disclose the contents or existence of the
reports or files to anyone unless otherwise permitted by law.



3153.  (a) If the court appoints counsel under this chapter to
represent the child, counsel shall receive a reasonable sum for
compensation and expenses, the amount of which shall be determined by
the court.  Except as provided in subdivision (b), this amount shall
be paid by the parties in the proportions the court deems just.
   (b) Upon its own motion or that of a party, the court shall
determine whether both parties together are financially unable to pay
all or a portion of the cost of counsel appointed pursuant to this
chapter, and the portion of the cost of that counsel which the court
finds the parties are unable to pay shall be paid by the county.  The
Judicial Council shall adopt guidelines to assist in determining
financial eligibility for county payment of counsel appointed by the
court pursuant to this chapter.