FAMILY & CHILDREN APPENDIX

FAMILY & CHILDREN APPENDIX

Finding Help: Your Local Family Court, Family Law Facilitator, & Child Support Agencies - PG. 788Procedures for Family Court Mediation - PG. 789Procedures to Begin or Join a Family Court Case about Custody and/or Visitation - PG. 791Additional Information about De Facto Parents Status - PG. 793Resources by Legal Services for Prisoners with Children (LSPC) - PG. 794388 Petitions: Basic Information - PG. 795More Information On The Juvenile Delinquency Process - PG. 804Mothering While You Are Incarcerated - PG. 808List Of Non-Exemptible Crimes For Foster Parent Applicants - PG. 810Establishing Paternity - PG. 812Divorce or Legal Separation: Filing, Responding & Completing - PG. 813Child Support Forms - PG. 815Requesting Spousal Support - PG. 822
Appendix A
Finding Help: Your Local Family Court, Family Law Facilitator, & Child Support Agencies

This chart gives websites and basic contact information for the following:

    Online listings for your local family court;
    Online listings for your local Family Law Facilitator (lawyers who can help you with court requirements, but cannot give individualized legal advice);
    Your county’s Local Child Support Agency; and
    California’s State Disbursement Unit.

I AM LOOKING FOR…

WEBSITE / CONTACT INFORMATION

Local Family Court

Find hours, locations, and contact information for your local family court online here: http://www.courts.ca.gov/find-my-court.htm.

Local Family Law Facilitator

Find hours, locations, and contact information for your local Family Law Facilitator online here: http://www.courts.ca.gov/selfhelp-facilitators.htm.

Local Child Support Agency (“LCSA”) in my county

Find hours, locations, and contact information for your county’s LCSA online here: http://www.childsup.ca.gov/home/lcsaoffices/tabid/301/default.aspx.

You can also contact your LCSA by calling the statewide Customer Connect telephone line at 1-866-901-3212. Follow the telephone menu options.

California State Disbursement Unit
(California “SDU”)

Find contact information for the California SDU online here: http://www.childsup.ca.gov/Payments/StateDisbursementUnitSDU/tabid/85/Default.aspx.

Appendix B
Procedures for Family Court Mediation

This Appendix explains more about the rules and procedures for child custody mediation—which can help to resolve disagreements about the care of a child.

What is child custody mediation?

Child custody mediation is a meeting place through the court for parents and caregivers to handle disagreements about custody and visitation plans for their children.[2590] In mediation, there is another person, a third-party mediator, who helps parents or caregivers come to an agreement. After mediation, the judge must sign this agreement in court to make it official. In some cases, the judge will make changes that he or she believes are in the “best interest of the child.”[2591]

IMPORTANT! Child custody mediation may not be appropriate in cases of domestic violence. A mediator’s role is to help resolve issues between parents who disagree, not to address issues related to domestic violence.

What happens in child custody mediation?

The mediator will meet with you and the other parent (or caregiver), either together or separately with your attorneys. The mediator will first ask questions to understand your family history and will share information about what children generally need at different ages.[2592] The child(ren) may be interviewed to better understand the situation.[2593]

Appointments with your mediator may last only a short time or take several hours. You may also meet with the mediator more than once.

If the parents are able to agree, the mediator helps the parents write a custody and visitation plan. If the custody and visitation plan is signed by the judge, this plan becomes an official court order. But it’s not official until signed by the judge.

In some counties in California, the mediator will make recommendations, as well, and may provide that written recommendation to the judge.

Who is the mediator in child custody mediation?

A mediator is a person who has been professionally trained (usually has a graduate degree) to help resolve disagreements between two people figuring out parenting plans, and knows a lot about the California family court system.

The mediator will not and cannot know you or the other parent/caregiver because he or she is supposed to listen to both of you equally and fairly.[2594] The mediator helps you decide when the children will be with each parent, how future decisions about your children will be made and will help you consider the best way to protect your children’s safety and well-being.[2595]

The mediator may also have additional information about community services that may be helpful to you and your child(ren).

How do I find a mediator?

You can find low-cost mediators on the following website: http://www.courts.ca.gov/selfhelp-familycourtservices.htm (organized by county).

I do not speak English and/or English is not my first language. Can I get an interpreter for my child custody mediation appointment?

It depends on the court. If you need an interpreter, you can ask your mediator if he/she has any recommendations. Also be sure to ask if there will be a fee, and if there is a fee for an interpreter, whether or not it can be waived (removed).

Can the child custody mediators make recommendations about who gets custody and visitation?

It depends on the court. In some local family courts, mediators make recommendations to the judge about child custody and visitation. In these courts, if you and the other parent cannot agree on a parenting plan through mediation, the mediator is asked to give the court a written recommendation. This recommendation will contain the mediator’s opinion about what parenting arrangement will be in your children’s best interest. Both you and the other parent (or caregiver) will also get a copy of the mediator’s recommendation.

In other courts, mediation is confidential and the mediators do NOT make a recommendation to the court about child custody and visitation. If the parents agree on any issues, the mediator may provide the court with a written summary that summarizes the issues that the parents agree on.

Usually, mediators interview both sides together, but if there has been domestic violence or there is a restraining order between the parents or other concerns about meeting together, the parents may ask to meet with the mediator separately. Sometimes, even when there is no domestic violence, the mediator may decide it is more appropriate and helpful to meet separately with each parent. The special rules about mediation allow the mediator to do this.

Is child custody mediation confidential?

It depends on the court. The things you tell your mediator, either alone and/or with your child’s caregiver, may not be kept secret (confidential). Ask for information in writing as to whether your conversations will be kept secret or shared with others. You can also ask the Family Law Facilitator about confidentiality and mediation.

IMPORTANT: If a mediator suspects that there is child abuse or has concerns about the physical safety of the child(ren), he or she may need to report the case to the local child protective services (CPS) or the court.

will we be forced to make an agreement in the child custody mediation appointment?

No. You will not be forced or required to make an agreement if you participate in child custody mediation. HOWEVER, before you enter into mediation, you should ask your mediator and/or the judge in family court what could happen if you do not reach an agreement with the other parent/caregiver.

If you and the other parent/caregiver reach an agreement on your parenting/caregiving plan:

The mediator will usually prepare a written agreement for both parents to sign. If neither parent has a lawyer, the mediator or the parents will give the agreement to the judge to approve and sign. When the judge signs it, it becomes an official court order. However, if you do have a lawyer, ask your lawyer any questions you have and ask your lawyer to review your written agreement BEFORE you sign it.

If you and the other parent/caregiver do NOT reach an agreement on your parenting/caregiving plan, the following may happen:

    There may be a court hearing or settlement conference with the judge to resolve issues.
    The judge may make decisions on a parenting plan for you.
    The judge may order a child custody evaluation by a mental health professional to get more information before making a decision. Keep reading for more information on child custody evaluations.
    In some courts, the judge may ask the mediator to make a recommendation, and will often approve and order that recommendation.
What happens after child custody mediation?

If you and the other parent/caregiver reach an agreement on your parenting/caregiving plan:

The mediator will write up a plan for both of you to sign. Once the judge approves and signs it, it becomes a court order.

If you and the other parent/caregiver do NOT reach an agreement on your parenting/caregiving plan:

What happens next depends on the court – so you should ask the mediator or Family Law Facilitator about how the process works in your local court. Here’s what happens in many cases:

    Usually, there is a court hearing or settlement conference where everyone can decide on custody, visitation and child support. The judge may then decide on a parenting/caregiving plan and issue a custody and visitation order.
    Before issuing a custody and visitation order, the judge may require a custody evaluation by a mental health professional. The judge may also ask the mediator for a recommendation (in some courts).[2596]
Appendix C
Procedures to Begin or Join a Family Court Case about Custody and/or Visitation

If you are interested in getting custody of or visitation with your child, before reading this Appendix, we first recommend you read the following sections of this Chapter: STEPS FOR RECONNECTING (see PG. 721). ; BASICS ABOUT CUSTODY AND VISTATION (see PG. 725) These sections will help you understand the legal meaning of custody and visitation, what each looks like in real life, how your criminal record generally affects your rights to custody and/or visitation, and first steps to take if you are interested in reconnecting with a child in reentry. After reading thiese sections, if you would like to open a case in Family Court, the information below will help you understand how to begin or join a family court case.

Get help.

If you have any questions about starting a case and/or if you need help with deciding which form to pick and file, and/or what kind of case you should bring to family court, you can and should contact a lawyer, the Family Law Facilitator who works at your county family court (see Appendix A, PG. 788 to find your local Family Law Facilitator), and/or a legal aid provider.

Decide what type of case you are opening in Family Court—and fill out all the necessary forms.

    Petition for divorce or legal separation (FL-100): If you were married and now want to be divorced from the other parent who has custody of your child, you will file for divorce in family court. For more information of divorce or legal separation, see PG. 813.
    Petition for Dissolution of civil partnership/legal separation (FL-103): If you were in a domestic partnership (a same-sex relationship registered with the State of California) and now want to legally terminate that partnership from the other parent who has custody of your child, you would file for dissolution of domestic partnership in family court. Learn more about divorce/legal separation on PG. 813.
    Petition for custody and support of minor children (FL-260): If you were unmarried and the parentage of your child has already been officially established, then you can file a petition for custody and support of minor children in family court. [2597]
    Petition to establish parental relationship (FL-200): If you were unmarried and the parentage of your child has not been established in family court, you can file a petition to establish parental relationship.

HELPFUL HINTSAssistance, Forms, & Fees in Family Court

File all of the necessary forms with the family court to join or start a new case. Depending on the court, you may have to file your court forms in person. Pay the filing fees, or if you are low-income or on public benefits, ask for a fee waiver.Once you receive notice from the family court that your forms were acceptable, you must serve a copy of the forms you filed as well as a response form on the person you are bringing a court case against in family court, usually here it will be your child’s other parent.

When a case in family court is first filed, it must be personally served on the other party or parties. This means that you cannot mail the forms, but have to find someone to hand deliver the forms to whomever you are suing. This is called “service of process.” Any adult over the age of 18 can do this for you.

Once the family court accepts your forms and you serve the papers on the other party or parties in the case, the judge in family court will order one, two or all three of the following:

    Schedule a hearing you must attend and/or
    Require you and the other parent to attend a mediation
    And/or order a custody evaluation.

IMPORTANT!: Completing these steps means you are now involved in an active custody and/or visitation case involving your child. Family court cases, like all court cases, require a lot of paperwork, documents, and forms. Navigating all the court forms and processes can be, and often is, very confusing. We are trying to simplify this process for you by not bogging you down with details on each step mentioned above. As a result, we strongly recommend you get help from another person or legal aid organization that specializes in the family court process. They can and will help with all the specifics on forms, documents, paperwork, and processes. You should talk to a lawyer, the Family Law Facilitator who works at your county family court, and/or a legal aid provider.

Appendix D
Additional Information about De Facto Parents Status
What rights do I have as a “de facto parent”?

If a judge finds that you are a “de facto parent,” you have the right to:[2598]

    Be present at dependency court hearings.
    Have a lawyer represent you, if you hire one. (In some cases, the court may appoint a lawyer at no cost to you, but only if the judge thinks it’s necessary.)
    Present evidence and cross-examine witnesses.
    Participate in the child’s case (including the right to attend and participate in hearings, present evidence to the judge, ask questions, and be represented by a lawyer), and
    To help the judge decide what is best for the child.[2599]

For more information on becoming a de facto parent, visit the Judicial Council website at http://www.courts.ca.gov/1207.htm. You may also want to attach support letters from others who know you and your child.

How does a judge decide if I am a “de facto parent”?

The judge will make a decision by looking at past court decisions and will consider the care you gave the child, how long you provided the care, and if you were able to meet the child’s needs.[2600] If you have harmed the child or put the child at risk, the judge will probably decide that you are not a “de facto parent.”[2601]

I took care of a child who is now a “dependent” in the juvenile dependency court, but I cannot be a “de facto parent”. Can I do anything else?

Even if you do not become a “de facto parent,” you can also fill out a “Caregiver Information Form” to give the judge more information about the child and help the judge make decisions about what will be best for him or her.

If you want to become a “de facto parent,” these forms can help you:

    De Facto Parent Request (JV-295)
    Use this form if you would like to become a de facto parent for a child in a juvenile dependency case.
    Form JV-295 is available at http://www.courts.ca.gov/documents/jv295.pdf.
    De Facto Parent Statement (JV-296)
    Use this form to explain your relationship with the child and why you should the child’s de facto parent.
    Form JV-296 is available at http://www.courts.ca.gov/documents/jv296.pdf.
    Caregiver Information Form (JV-290)
    Use this form to give the dependency court judge more information about the child. You can use this form even if you are not the child’s de facto relative.
    Form JV-290 is available at http://www.courts.ca.gov/documents/jv290.pdf.
    Instruction Sheet for Caregiver Information Form (JV-290-INFO) – This explains how to fill out the Caregiver Information Form. The Instruction Sheet is available at http://www.courts.ca.gov/documents/jv290info.pdf.

Remember, a “de facto parent” is not a legal guardian and has fewer legal rights than a guardian. If you are unsure if being a “de facto parent” or guardian is best, please see PG. 741 for more information.

Appendix E
Resources by Legal Services for Prisoners with Children (LSPC)

San Francisco, CA-based legal nonprofit Legal Services for Prisoners with Children (LSPC) has drafted several helpful resources for currently and formerly incarcerated parents. These resources, which focus on California law, are available on their website at http://www.prisonerswithchildren.org/resource-library/family-matters/. If you are currently incarcerated, you can write LSPC to request a copy of any of the resources listed below. Their address is

    Legal Services for Prisoners with Children
    1540 Market Street, Suite 490
    San Francisco, CA 94102.

Currently, LSPC offers the following written materials:

    Bill of Rights for Incarcerated Parents
    Child Custody and Visiting Rights Manual for Recently Released Parents
    Incarcerated Parents Manual (available en español)
    Grandparent Relative Caregivers (available en español)
    Manual on Divorce Issues for People in California Prisons and Jails
    Pregnant Women in California Prisons and Jails: A Guide for Prisoners and Legal Advocates
    Transportation to Court
    What to Plan for When You Are Pregnant at California Institution for Women
    Manual on SSI & SSDI for Prisoners and Their Advocates
    Using Proposition 47 to Reduce Convictions and Restore Rights
    Prop. 47 Bay Area Guide
    Prop. 47 Sacramento Resource Guide
    Fighting for Our Rights: A Toolbox for Family Advocates of California Prisoners (available en español)
    Suing a Local Public Entity
Appendix F
388 Petitions: Basic Information
What can I do if the dependency court judge ended my reunification services, and I want to try again to reunite with my child?

If the dependency court judge ended your reunification services with your child(ren), your ability to request a change to the judge’s orders will depend on how much time has passed since the case was closed. You may be able to file what is called a 388 petition.

If the judge ended your reunification services (for example, because you did not meet the requirements of your case plan in time), and placed your child in long-term foster care or with a legal guardian, or closed your child’s case, you may be able to file papers in dependency court (called a 388 petition) asking the judge to change the current court order and give you visitation, custody, and/or end a legal guardianship of your child.[2602] BUT if several years have passed since your child’s dependency case was closed, it may be too late to go back to dependency court and ask to change the court order.[2603] Instead, you can file new papers in family court and ask to change the dependency court order. We briefly explain both processes below.

POSSIBILITY #1: If your reunification services ended recently (in approximately the past year):

You can file a 388 petition in the same juvenile dependency court where your child’s case took place. In your 388 petition, you will need to explain AND prove to the judge (with documents, actions, and evidence) that:

    There has been a significant change in circumstances (your life or how you live) or new evidence in your child’s case since the judge made the current court order (see the Helpful Hint box below for more information and examples of significant changes in circumstances); AND
    Giving you visitation, custody, or ending the guardianship is in your child’s best interest.[2604]

Helpful HintSignificant Change in Circumstances

The “change in circumstances” must generally be major and long-term. The judge wants to see that you are committed to the change and won’t go back to your old situation—for example, that you successfully completed your prison or jail sentence; your parole, probation, or community supervision; and/or resolved whatever issues caused CPS and the court to get involved in the first place. Other examples might include: completing an anger management or domestic violence program and taking steps to fix any previous harm you caused; completing a drug rehabilitation program and staying sober for a year or more; and avoiding criminal activity or arrest for several years .[2605]

POSSIBILITY #2: If it has been several years since your reunification services ended:

You must go to family court and file papers asking to change the juvenile dependency court order. To be successful, you will have to show:

    A significant change in circumstances (how your life is different and improved) since the juvenile dependency court judge made the current court order, AND
    Giving you custody or visitation would be in your child’s best interest.[2606]

NOTE: These are the same things you have to prove for a 388 petition (described immediately above). For more information on Family Court, see PG. 737.

Helpful HintWriting a Dependency Court 388 Petition

You should ask the lawyer who represented you in dependency court (or someone else who is familiar with your case) to help you write the 388 petition, since it must be very detailed.[2607] (The court’s Family Law Facilitator may also help explain the 388 petition process.)

Beginning on the next page, you will find the court’s instructions to how to file a 388 Petition and the two court forms you needed

Macintosh HD:Users:rachel:Desktop:Dana:jv1802.pdf

Macintosh HD:Users:rachel:Desktop:Dana:jv100w.pdf

Appendix G
More Information On The Juvenile Delinquency Process

If your child is involved in a juvenile delinquency case that means he or she is accused of breaking the law. This section covers what happens after a minor is arrested, how the juvenile delinquency court process works, what your child’s rights are, and what your rights and responsibilities are as the parent (or guardian).

What happens when my child is arrested?

If your child is arrested, the police can:

    Make a record of the arrest and let your child go home.
    Send your child to an agency that will shelter, care for, or counsel your child.
    Make your child come back to the police station. This is called being “cited back.”
    Give you and your child a Notice to Appear. Read the notice and do what it says. It will give you a date and time you must appear in court. DO NOT FORGET THIS DATE! If you and your child do not appear, a warrant may issued for your child’s arrest and could further complicate your child’s case.
    Put your child in juvenile hall (this is called “detention”). Your child can make at least 2 phone calls within 1 hour of being arrested. One call must be to a parent, guardian, relative, or boss. The other call must be to a lawyer. [2608]
Right after the arrest, what are my child’s rights?

If the police want to talk with your child about what happened, they must first tell your child his/her legal rights (called “Miranda rights”). These are:

    The right to remain silent.
    The right to know that anything he/she says will be used against him/her in court.
    The right to a lawyer – and, if you or your child can’t pay for a lawyer, the court will appoint one. [If your child doesn’t have a lawyer, talk to the public defender for advice.] [2609]
    As a parent, while you may not be arrested or under suspicion, anything you say to law enforcement about your child may also be used against your child. For that reason, it would be best to talk to an attorney.
If my child is arrested, what are my rights and responsibilities as a parent or guardian?

Your rights if your child is arrested:

    You have a right to have the police tell you as soon as this happens[2610]
    You have a right to know where your child is, and what rights he/she has[2611]
    Inspect the court file[2612]
Your responsibilities if your child is arrested:
    You have legal responsibilities as a parent (or guardian), including to:
    Attend hearings
    Follow court orders related to you and your child.[2613]
    You may have financial responsibilities to pay for damage or losses that your child caused. If the court orders restitution, you may have to pay the victim for the harm your child caused.[2614] This may include paying for property your child stole or damaged, medical bills, or lost wages.
    You may have financial responsibilities to pay for your child’s fees. [2615] Unless you’re the victim, you’ll get a bill and must pay for your child’s lawyer, juvenile hall services (like food and laundry), and fees to keep your child in institutions. Note: Tell the court if you are unable to pay for these fees and costs. You may make a request to the court to waive court costs and fees but some of these fees may be difficult or impossible to waiver, like home monitoring or “ankle bracelets.” [2616]
What to do if my child gets a Notice to Appear?

Read the Notice to Appear carefully. It will probably tell you to go to the probation department to meet with a probation officer. Go to http://www.cdcr.ca.gov/ to find the local probation department.

Four things can happen at the meeting. The probation officer may:

    Lecture your child and let him or her go home.
    Let your child do a voluntary program instead of going to court. The program could be special classes, counseling, community service, or other activities. If your child finishes the program, he or she will not have to go to court. You may have to sign a contract that says what the child has to do. The contract can last 6 months.
    Send your child home and send the case to the district attorney. The district attorney will decide to file a petition (papers that mean that your child will have to go to court) or not.
    Keep your child locked up and send the case to the district attorney. The district attorney will then file a petition, usually within 2 days after the arrest. Your child will have a detention hearing on the next day the court is open. The court is closed on Saturdays, Sundays, and holidays. [2617]

If a petition is filed in court, your child’s case will be filed in the juvenile delinquency court.

I got a notice saying that my child has a “detention hearing” in juvenile court. What does this mean, and what happens next?

Along with the notice about the hearing, you may receive a copy of a petition – either a 601 Petition or a 602 Petition – filed with the court about your child. The petition says what your child is accused of, and asks the court to handle your child’s case. The notice tells you when and where to go for your child’s first court hearing – the detention hearing.[2618] Read on for a bit more explanation:

What should I know about the 601 and 602 Petitions?

601 petitions are filed by the probation department and allege facts that are only illegal because the offender is a child. This includes things such as breaking curfew, skipping school, running away or disobeying parents. If the court finds a minor guilty of these offenses they will become what is known as a “status offender”.[2619]

602 petitions are filed by the District Attorney’s office and allege offenses that would be criminal if the minor were 18 years or older. This includes both felonies and misdemeanors. If the court finds the allegations to be true the child will become a “delinquent”.[2620]

During what is known as the fitness or waiver hearing, the court will determined whether the child is “unfit” for juvenile court. If so, he or she will be tried in adult court. Children can only be deemed unfit if they were 14 or older at the time of the alleged offense.[2621]

As a parent, what are my rights about receiving notice and a petition?

As the parent, you have a right to get a copy of the petition about your child, along with notice about your child’s first hearing – the detention hearing. (If your child is 8 or older, he/she should also get a notice.) If your child is locked up, you should get the notice at least 5 days before this hearing. If your child is not locked up, you should get the petition and a notice at least 10 days before the hearing. If the hearing is less than 5 days after the petition is filed, you should get the notice at least 24 hours before the hearing.[2622]

What should I know about my child’s detention hearing?

If your child is locked up for more than 2 days, he/she should have a detention hearing within 3 court days. At this hearing, the judge will decide if your child can go home before the next hearing.[2623]

My child’s case has been sent to juvenile delinquency court. What happens next?

There are seven different types of hearings your child may have in juvenile court. You must go to these hearings.

At these hearings, the judge will decide what’s best for your child. The judge may ask you questions, or you may be a witness in the case. If you can prove that your child listens to you and follows your rules, the judge may let your child go home with you.

Your child will get a lawyer who speaks for his/her interests, and the district attorney will speak for the state. You can ask to talk to the judge, but the court probably won’t appoint you a lawyer.

If your child speaks a language other than English, he/she has a right to an interpreter. You may be able to have one, too. If you need one, ask the court before the hearing date.

The court will consider how old your child is, how serious the crime is, and whether your child already has a criminal record. The court will then decide what should happen with your child. [2624]

What kinds of hearings might my child have in juvenile court?

There are 7 kinds of hearings your child may have in juvenile court. You must go to these hearings.

Here are 7 types of hearings your child may have in juvenile court:

    Detention hearing: If your child is locked up for more than 2 days, he or she will have a detention hearing within 3 court days. (A court day is a day the court is open.) The judge will decide if your child can go home before the next hearing.
    The pretrial or settlement conference: In many counties, there is a court date to try to solve the problem without a trial.
    Hearings on motions: These are court dates to work out different things. Motion hearings can come up at any time during the case.
    Fitness or waiver hearing: This is a hearing to decide if your child will be tried as an adult. If the judge decides that your child is “unfit” for juvenile court, he or she will be tried in adult court. This will not happen if your child is under 14 years old when he or she committed the crime.
    Jurisdiction hearing: This is when the judge decides if your child committed the crime.
    Disposition hearing: If the judge decides your child committed the crime, there will be a disposition hearing to decide how to punish your child. This can be on the same day as the jurisdiction hearing. If the judge says your child did not commit the crime, there will be no disposition hearing.
    Review hearings: Sometimes there are hearings to see how your child is doing in his placement.[2625]
What can the court decide about my child?

The juvenile delinquency court can make any of the following orders:

    That your child will live with you under court supervision.
    That your child must be put on probation, and must live in a relative’s home, a foster home or a group home, or an institution.
    That your child must be put on probation, and must be sent to a probation camp or ranch.
    That your child must be sent to the Division of Juvenile Justice (DJJ) of the California Dept. of Corrections and Rehabilitation (CDCR).[2626] This means he/she will spend 30-90 days in a reception center, which will determine your child’s education and treatment needs. Then he/she will be sent to a correctional facility or youth camp.
How will the court make its decisions? What can the court decide to do?

The court will consider how old your child is, how serious the crime is, and the child’s criminal record if any. The court can order that:

    Your child live with you under court supervision.
    Your child be put on probation. He or she may have to live with a relative, in a foster home or group home, or in an institution.
    Your child be put on probation and sent to a probation camp or ranch.
    Your child can be sent to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (also called “DJJ”). If your child is tried in adult court, he or she will be sent to the Department of Corrections and Rehabilitation, Division of Adult Operations (also called “CDCR”).[2627]

If your child is sent to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), he or she will go to a “reception center” for the first 30 to 90 days. The center will find out what education and treatment your child needs. Then your child will go a correctional facility or youth camp.[2628]

Find the DJJ’s reception centers online at the following website: http://www.cdcr.ca.gov/Juvenile_Justice/Facility_Locations/index.html.

My child’s case has been sent to adult court. Why did this happen, and what happens next?

Some children can legally be treated as adults in the criminal justice system.

If a child is 14 or older, his/her case can be sent to adult court for certain “serious” crimes, such as: Murder or attempted murder; Setting fire to a building with people in it; Robbery with a weapon; Rape; Kidnapping; Carjacking; Crimes with guns; Drug crimes; AND Escape from a juvenile detention facility.

If a child is tried in adult court, he/she can be sentenced to adult prison (CDCR).[2629] Depending on how old the child is when sentenced as an adult, and how long the sentence is, he/she may be allowed to stay at DJJ for certain parts of the prison sentence:

    If the child is under 16 when sentenced to adult prison, he/she will stay at the DJJ until he/she is at least 16.
    If the child is at least 16 when sentenced to adult prison, the judge can send him/her directly to adult prison. Or, if the child’s sentence ends before he/she turns 21, the judge can let him/her stay at the DJJ the whole time. If the child’s sentence ends after he/she turns 21, he/she will go to adult prison when he/she turns 18.

If your child’s case might be going to adult court, talk to a lawyer about what can happen. [2630]

Is there a way to make my child’s juvenile records disappear?

Maybe. Your child might be able to get some of his/her juvenile records “sealed”: After your child turns 18, he/she can file a petition to have the records sealed. Or, 5-6 years after the case ends, you can file a petition to do this. If the court approves the petition, all records of the case and the arrest will be sealed.[2631]

For more information on sealing juvenile records, speak to your family law facilitator, a lawyer, or contact the clerk at the juvenile delinquency court where you child’s case is being heard. For more general information on sealing juvenile records, see http://www.courts.ca.gov/28120.htm.

Appendix H
Mothering While You Are Incarcerated

The Roadmap to Reentry guide is focused on identifying and navigating barriers for people in reentry from prison or jail—not on issues faced during your incarceration. But because mothering and pregnancy while incarcerated are such important topics, and can later impact your rights as a parent in reentry, this chapter and appendix provide a brief overview of some key questions you may have if you give birth while you are incarcerated. If you need more information, we recommend checking out the free resources referenced at the end of this Appendix.

Being a New Mother While Incarcerated

Is there any way I can stay with my child after I give birth?

Yes, but that chance is very slim. California has six very small mother-infant prison facilities. There are three facilities known as “Family Foundations” and you can only go there if you are sent by your sentencing judge.[2632]

The other program is the Community Prison Mother Program. There are also three of these facilities are located in Oakland (Project Pride), Pomona (Prototypes), and Bakersfield (Turning Point).[2633] Women are transferred here after they have given birth, applied to the program, and were accepted.

My sentencing judge recommended the Family Foundations program. What is it? What will happen?

The Family Foundations Program (FFP) is an alternative sentencing program. To begin the process, it is best if your attorney or the court contact the Women and Children’s Services unit so that you may be prescreened for the program to determine if you are eligible and so you can be placed on the waiting list. At sentencing, the judge must recommend you for the program.[2634] If you meet the criteria for the program, you will go directly to the FFP location. If you aren’t screened until after you are sentenced, you will go first to prison and then later be transported to a FFP location.[2635] If you have another child and or you give labor prior to going to FFP, your child must be brought to FFP in order for you to stay. If your child isn’t brought to FFP, you will be sent back to state prison. While enrolled in the FFP, you will receive prenatal care, parenting classes and access to prenatal vitamins.[2636]

Who is eligible to go to Family Foundations Program?

To go to FFP, you must be[2637]

    A woman pregnant or have one or more children under age six at the time of entry,
    Be sentenced to 36 months state prison or less, and have an established history of substance abuse.
Who is not eligible for Family Foundations Program?

By statute, you cannot go to FFP if you

Have a prior prison term for, or a current conviction of, any of the so-called “serious” offenses listed in Penal Code section 1174.4(a)(2)

If a woman’s child is under the jurisdiction of the juvenile dependency court, and Child protective Services objects[2638]

Other CDCR publications include more requirements. For example, a mother must not have an immigration or “potential or active Felony hold”, “must have primary custody of her child or children,” and sets a two-child limit.[2639]

How do I get into the Community Prison Mother Program?

After you give birth, you will receive notice of and a written application for the Community Prison Mother Program (CPMP).[2640] If you arrive at state prison and you are already a mother, you should be informed of the CPMP.[2641] If you meet the requirements, your facility will declare you “eligible” to participate.[2642] To take part in the program, you must apply and this process can take anywhere from a few months to over a year. But applying DOES NOT mean that you will be accepted. If you are denied, you will receive notice that you were denied and instructions to appeal.[2643]

Who is eligible for CPMP?

To be eligible for the Community Prison Mothering Program, a woman must

have one or more biological children under age six when received by or committed to state prison;

be the primary caretaker of the children before incarceration, AND

not been found to be an unfit parent. Or she can be pregnant or have given birth while under CDCR jurisdiction. She must be sentenced to a maximum of six years (after deduction of goodtime credit).

What can stop me from being eligible for CPMP?

There are several things that can stop you from being eligible for CPMP.[2644] For example, if you were convicted or pled guilty to certain sex or drug offenses you will not be eligible for CPMP.[2645] You may also be excluded if you have an older child.[2646]

How do I know if the CPMP is best for me?

Deciding what is best for you and your unborn child is difficult challenge. The best way to decide if the CPMP is best or finding a guardian can only be done with research and asking questions.

I am currently pregnant and in jail. Will my child be taken away from me?

Yes. Unfortunately, you cannot return to your facility (whether it is a state or federal run facility) with a baby. Instead, it is important to make a placement plan for your child to make sure that he or she is cared for and to reunify in the future.

What rights do I have to make sure that my child goes to a good home while I’m incarcerated?

As a mother, you have the right to make arrangements for the care of your child, and it is important that you do so before you give birth.[2647]

Here is a summary of 3 ways in which you can make arrangements for your child after birth:

    You may release your child to a blood relative like or a blood relative’s spouse even if the marriage ended by death or divorce;
    You may place your child with a non-relative whom you consider an extended family member;
    You may permanently release your child by giving up your parental rights.
What is the process for creating a placement plan? Will my facility or hospital help?

You should receive information from both your facility and the facility’s medical staff regarding a placement plan for your child.

Appendix I
List Of Non-Exemptible Crimes For Foster Parent Applicants

Health and Safety Code Section 1522(g)(1) lists or refers to convictions for crimes for which no exemptions are allowed. These crimes are identified below:

1. California Penal Code Sections 186.22 and 136.1 – Gang related/Intimidation of witnesses or victims.

2. California Penal Code Sections 187, 190 through 190.4 and 192(a) – Any murder/Attempted murder/Voluntary manslaughter.

3. California Penal Code Section 203 – Any mayhem.

4. California Penal Code Section 206 – Felony torture.

5. California Penal Code Sections 207, 208, 209, 209.5, 210 – Kidnapping.

6. California Penal Code Sections 211, 212, 212.5, 213, 214 – Any robbery.

7. California Penal Code Section 215 – Carjacking.

8. California Penal Code Section 220 – Assault with intent to commit mayhem, rape, sodomy or oral copulation.

9. California Penal Code Section 243.4 – Sexual battery.

10. California Penal Code Section 261(a), (a)(1), (2), (3), (4) or (6) – Rape.

11. California Penal Code Section 262(a)(1) or (4) – Rape of a spouse.

12. California Penal Code Section 264.1 – Rape in concert.

13. California Penal Code Section 266 – Enticing a minor into prostitution.

14. California Penal Code Section 266c – Induce to sexual intercourse, etc. by fear or consent through fraud.

15. California Penal Code Section 266h(b) – Pimping a minor.

16. California Penal Code Section 266i(b) – Pandering a minor.

17. California Penal Code Section 266j – Providing a minor under 16 for lewd or lascivious act.

18. California Penal Code Section 267 – Abduction for prostitution.

19. California Penal Code Section 269 – Aggravated assault of a child.

20. California Penal Code Section 272 – Contributing to the delinquency of a minor (must involve lewd or lascivious conduct).

21. California Penal Code Sections 273a(a) [or 273a(1) if the conviction was prior to January 1, 1994] – Willfully causing or permitting any child to suffer under circumstances or conditions likely to produce great bodily harm or death.

22. California Penal Code Section 273d – Willfully inflicting any cruel or inhuman corporal punishment or injury on a child.

23. California Penal Code Section 285 – Incest.

24. California Penal Code Section 286 – Sodomy.

25. California Penal Code Section 288 – Lewd or lascivious act upon a child under 14.

26. California Penal Code Section 288a – Oral copulation.

27. California Penal Code Section 288.2 – Felony conviction for distributing lewd material to children.

28. California Penal Code Section 288.5(a) – Continuous sexual abuse of a child.

29. California Penal Code Section 289 – Genital or anal penetration or abuse by any foreign or unknown object.

30. California Penal Code Section 290(a) – All crimes for which one must register as a sex offender including attempts and not guilty by insanity.

31. California Penal Code Section 311.2(b), (c) or (d) – Transporting or distributing child-related pornography.

32. California Penal Code Section 311.3 – Sexual exploitation of a child

33. California Penal Code Section 311.4 – Using a minor to assist in making or distributing child pornography.

34. California Penal Code Section 311.10 – Advertising or distributing child pornography.

35. California Penal Code Section 311.11 – Possessing child pornography.

36. California Penal Code Sections 314(1) or (2) – Lewd or obscene exposure of private parts.

37. California Penal Code Section 347(a) – Poisoning or adulterating food, drink, medicine, pharmaceutical products, spring, well, reservoir or public water supply.

38. California Penal Code Section 368(b) or (c) if after January 1, 1999 – Elder or dependent adult abuse.

39. California Penal Code Section 417(b) – Drawing, exhibiting or using a loaded firearm.

40. California Penal Code Section 451(a) or (b) – Arson.

41. California Penal Code Section 460(a) – First degree burglary.

42. California Penal Code Sections 186.22 and 518 – Gang related/Extortion.

43. California Penal Code Section 647.6 or prior to 1987 former Section 647a – Annoy or molest a child under 18.

44. California Penal Code Section 653f(c) – Solicit another to commit rape, sodomy, etc.

45. California Penal Code Sections 664/187 – Any attempted murder.

46. California Penal Code Section 667.5(c)(7) – Any felony punishable by death or imprisonment in the state prison for life.

47. California Penal Code Section 667.5(c)(8) – Enhancement for any felony that inflicts great bodily injury.

48. California Penal Code Section 667.5(c)(13) – Enhancement for violation of Penal Code Section 12308, 12309 or 12310 – exploding or igniting or attempting to explode or ignite any destructive device or explosive with intent to commit murder.

49. California Penal Code Section 667.5(c)(14) - Any kidnapping – Penal Code Sections 207, 208, 209, 209.5 and 210.

50. California Penal Code Section 667.5(c)(22) - Any violation of Penal Code Section 12022.53 – Enhancement for listed felonies where use of a firearm. 51. Business and Professions Code Section 729 – Felony sexual exploitation by a physician, psychotherapist, counselor, etc.

Appendix J
Establishing Paternity
What is a Declaration of Paternity?

DECLARATION OF PATERNITY: A Snapshot

What is it?

A form that when you complete, has the same effect as a court order as it establishes who the legal parents are of a child.

What does it do?

Since it establishes who are the child’s legal parents are, a parent can go to court and ask for orders to be made for the care of the child including but not limited to custody, visitation, and child support.

When is it signed?

    AT BIRTH: The parents can sign a declaration at the hospital when the child is born. If the parents sign at the hospital, the father’s name will go on the child’s birth certificate, and the mother does not need to go to court to prove who the father of the child is.
    OR,
    LATER, AFTER BIRTH: The declaration can also be signed later. If the parents sign it after the child’s birth certificate has been issued, a new birth certificate can be issued with the father’s name.
    Once the declaration is signed, the form must be filed with the California Department of Child Support Services Paternity Opportunity Program (POP) in order to be effective. After a signed Declaration of Paternity is filed with the court, the judge can make orders for custody, visitation, and support. [2648]

How do I Get A Copy?

If you filed a Declaration of Paternity and want a copy of it, you can either complete a Request for a Filed Declaration of Paternity (CS 918) or send a letter to the Department of Child Support Services- POP Unit. If you use a letter for your request, please include all the identifying information about the child and parents shown above. Also include your name, mailing address and signature since you are making the request. See Appendix J, PG. 812 for more information.

Can I cancel it?

Possibly, but it will depend on several factors. See Appendix J, PG. 812 for more information on cancelling your Declaration of Paternity.[2649]

A Declaration of Paternity is a form used in California that, when signed by both parents, establishes them as the legal parents of the child. It is used when parents of a child who are not married want to establish themselves as the child’s legal parent. A properly signed Declaration of Paternity has the same effect as a court order from the judge. [2650]

Where can I get help in establishing parentage?

Your Local Child Support Agency (LCSA) can bring an action to establish the paternity/ parentage of your child. As part of this action, they will ask the court for a child support order. This service is free and is available to both parents. To begin, call the LCSA and ask for an appointment to open a case for parentage and support. You can open a case during the pregnancy and a genetic test can be ordered (if the other person denies being the parent) after the child is born. Also, when one parent is on welfare for the children (for example, if they receive Cal-Works or Medi-Cal), the LCSA automatically gets involved and opens a case.[2651] You may also want to contact your local department of child support services, registrar of births, family law facilitator or welfare office.

IMPORTANT: The local child support agency (LCSA) can be a helpful resource but they are not your lawyers and the information you provide will not be kept secret (confidential). The LSCA can also share certain information to other agencies, the other parent or your employer. If you need more advice or privacy, it would be best to contact a lawyer and/or your local legal aid office. [2652]

Appendix K
Divorce or Legal Separation: Filing, Responding & Completing

Basic steps to file for a divorce or legal separation:

    Fill our your court forms (see the next section): To file for divorce or legal separation, you have to fill out the same forms. If you want specific legal advice about how to fill out your court forms, talk to a lawyer. What you write on your court papers can be very important and can affect the outcome of the case. It is very important to be accurate and complete, and a lawyer can help you figure out how to fill out the forms so that they accurately reflect your position. This is especially important if you think you and your spouse or domestic partner are likely to have disagreements about the issues that the court forms ask you about.
    File your forms: Turn in your forms (the originals AND copies) to the court clerk. If there are no obvious errors, the clerk will take the original of each form and return the copies to you, stamped “Filed.”

You will have to pay a filing fee. If you cannot afford the fee, you can ask for a fee waiver.

IMPORTANT NOTE: If you want the judge to make temporary orders for child or spousal support, bill payment, protection from domestic violence, or other issues, you must fill out and file other forms with the order form for a divorce or dissolution of marriage. Talk to your family law facilitator or self-help center to ask for help with temporary orders.

    Serve your court papers: The law says your spouse or domestic partner must be told that you have started the legal process for a divorce, legal separation, or annulment. To do this, you must “serve” your spouse or domestic partner with copies of all your court papers. The judge CANNOT make any orders or judgments in your divorce or legal separation case until your spouse or domestic partner has been properly “served.”
    Fill out and serve your financial disclosure forms: You have filed your petition in your divorce or legal separation case. Now, you are ready to complete the financial disclosures needed to get divorced or legally separated. Keep in mind that you can provide your financial disclosures at the same time as your petition if you wish, but NO LATER than 60 days after filing your petition.
    The next steps all depend on whether or not your spouse or domestic partner has responded to your service. Please see the Judicial Council of California’s website here: for more information on what to do next, or speak to your court’s family law facilitator or an attorney.

Basic Steps to Responding to a Divorce or Legal Separation:

    Either spouse in a marriage or partner in a registered domestic partnership can ask the court to end their legal relationship.
    If you have been served with a petition and summons for dissolution (divorce) or legal separation, your spouse or domestic partner is asking the court to end your relationship. In California, as long as 1 person wants to end the marriage or domestic partnership, the court can end it, even if the other spouse or domestic partner does not agree or want to get divorced or legally separated.
    You can either respond by contesting the divorce or dissolution or you can respond by not contesting it, meaning you agree and have no changes to make to the request.
The Forms

There are a lot of California forms that must be completed if you are filing, responding, or completing a divorce or legal separation. You may also have special forms that must be completed depending on the county you live in. To find your county, please see Appendix A on PG. X to find your county.

It is VERY important that all of you forms are completed and filed at the right time. To make sure you follow and complete all the steps, you can talk to a lawyer or a family law facilitator to help.

Below is a list of forms that you will have to complete whether you are filing or responding to a divorce.

    PetitionMarriage/Domestic Partnership (Form FL-100). On this form, you give the court some basic information about your marriage and/or domestic partnership, and you ask for the orders you want the court to make.
    Summons (Family Law) (Form FL-110). This form contains important information for you and for your spouse or domestic partner about the divorce or separation process. It contains some standard restraining orders limiting what you can do with your property, money, and other assets or debts. It also prohibits you or your spouse or domestic partner from moving out of state with your children from your marriage or partnership, and from applying for a new or replacement passport for any of your children together, without the prior written consent of the other or a court order. And it lets you know that if you or someone in your household need affordable health insurance, you can apply for Covered California. READ this form carefully!!
Declaration Paperwork

There may be things you must “declare” meaning you are to tell your spouse and/or the court what you have in order to get a divorce. Below are various forms you may also need to complete.

    Property Declaration (Family Law) (Form FL-160). Use this form if you need more space to list your property and debts.
    Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120). Use this form if you have child under the age 18 with your spouse or domestic partner.
    Child Custody and Visitation Application Attachment (Form FL-311). Use this form if you want to ask the court to make orders about custody and visitation at the time of your divorce. It is an optional form (you do not have to use it).
Service Paperwork

An important part of filing for divorce is “service” which is also considered notification or how the other spouse and, or the local child support agency is told that you want a divorce.

Below are forms that you may need:

    Notice and Acknowledgment of Receipt (Family Law) (Form FL-117). Use this form if you decide to do service by mail. This form shows the court that your spouse or domestic partner received your forms. If your spouse or domestic partner does not sign, date, and return this form, you will have to have him or her served again by personal service. Remember, you must have someone 18 years or older (NOT you) and not involved in the divorce (NOT a family, friend, or relative) do this for you.
    Proof of Service by Mail to the Local Child Support Agency (Form FL-335). This form is used when you must serve the LSCA because either you or your spouse receives money or help from the government for a child in your relationship or if you have a current custody case taking place with the LSCA.
    Proof of Service of Summons (Form FL-115). This form must be completed whether you decide to have someone hand deliver divorce papers or mail them for you. It is very important your server fills out the Proof of Service correctly. If possible, have your family law facilitator or self-help center review it to make sure it was filled out properly.
Financial Disclosure Forms

In California, you and your spouse must give each other written information on what property or money you have and what expenses you have. This must be done so the property between two people can be split up equally. It also gives you financial information in order to make decisions about child support. If financial disclosures are not exchanged or if the financial disclosures are not correct, the divorce can be cancelled and the court can make orders about the property

There are two times when a disclosure occurs: (1) At the time of filing (preliminary disclosure), and (2) at the end of the divorce (final disclosure).

Below is a list of official court forms and other things you may need.

    Declaration of Disclosure. (Form FL-140). This is the form that you will use to write down your expenses. It must be sent to your spouse within 60 days of filing for divorce. This form will not be filed with the court, only given to your spouse.
    Schedule of Assets and Debts (Form FL-142) or a Property Declaration (Form FL-160); This form will not be filed with the court, only given to your spouse.
    Income and Expense Declaration (Form FL-150). Use this form to include money you have earned as part of business or investment opportunities you have had.
    Your Tax Returns for the last two years. These forms will not be filed with the court, only given to your spouse.
    Declaration Regarding Service of Declaration of Disclosure (Form FL-141). This form tells the court that you have given your spouse or domestic partner the preliminary or final declaration of disclosure. This form will be filed with the court.

There are a lot of steps to completing a divorce or dissolution of marriage. Luckily, the Judicial Council of California has put together a website showing you each and every step, including links to all the forms you need. We recommend you check them out,

If you are FILING for divorce, please visit http://www.courts.ca.gov/1229.htm for the steps on how and when to file these forms.

If you are RESPONDING to your spouse request for a divorce, please visit http://www.courts.ca.gov/1235.htm.

If you are completing a divorce and responses have been received OR the required waiting time has passed, please visit http://www.courts.ca.gov/1035.htm.

Appendix L
Child Support Forms

Requesting and responding to child support requests can be complicated, so it is best to talk to a lawyer or Family Law Facilitator to discuss your situation first. Below is a chart on common support situations and the forms you would need. Please visit The Judicial Branch of California Courts at http://www.courts.ca.gov/1199.htm for detailed steps on how to fill out and file the right forms.

I WANT TO:

THE FORM I WILL NEED INCLUDE:

Respond to a request to pay child support.

    Responsive Declaration to Request for Order (Form FL-320);
    Income and Expense Declaration (Form FL-150); and
    Proof of Service.

Ask the judge to change the amount of child support I pay.

    Request for Order (FL-300): Use this form to ask the judge to change your child support order. You will make a “Request for Order of Child Support Modification”
    Financial Statement (Simplified) (FL-155): In most cases, you can use this form to show the judge your income, expenses, and how much you can afford to pay in child support.

Ask the judge to review the denial of my driver license because of my child support debt.

    Notice of Motion for Judicial Review of License Denial (FL-670): If your driver license was revoked or suspended due to unpaid child support, use this form to ask the judge to return your license (FL-670 also available at http://www.courts.ca.gov/documents/fl670.pdf).

Pay less child support in the future.

    Request for Order (Form FL-300).
    NOTE: You can also use the Information Sheet for Request for Order (Form FL-300-INFO) for information to fill out Form FL-300. (Ask your family law facilitator if you need to check the box for “Court Order” and item 4 on Form FL-300). You will make a “Request for Reducing Child Support Order”
    Income and Expense Declaration (Form FL-150): On your Form FL-300, check the box at item 8 (“Other Relief”) and write in “Set monthly liquidation payment of $ (write in a reasonable amount).” The “liquidation payment” is the payment that goes toward your back spousal or partner support. It is very important that you fill out Form FL-150 very carefully and completely. That form will show the court why you cannot afford the high rate of payments the earnings assignment is asking for to pay off your balance.

Stop having money removed from my paycheck/request a “Stay Earnings Assignment.”

    Stay of Service of Earnings Assignment Order (Form FL-455): On this form, mark the box that explains you have an agreement with your former spouse or partner (AND the LCSA if they are involved in your case) for another payment arrangement.
    You will get a court hearing where you can ask the judge to stop service of the earnings assignment.
    If the judge agrees with your request, he or she will sign the stay. This stops the earnings assignment from taking effect because it will not be served on your employer.
    If you get a stay, it is very important you both keep good records of all the payments, in case there are any issues in the future.
    Read the Stay of Service of Earnings Assignment Order (Form FL-455) for more information on “staying” an earnings assignment. If the person ordered to pay support does not follow your arrangement, you can ask the court to end the stay on the earnings assignment.

Find out how much child support I owe, and request for it to be changed.

    Request for Judicial Determination of Support Arrearages or Adjustment of Arrearages Due to Incarceration or Involuntary Institutionalization (Form FL-676): You can use this form to ask the judge how much child support you owe from when you were incarcerated.
    NOTE: If your child support order was issued between July 1, 2011, and July 1, 2015, and your child support should have automatically stopped during this incarceration, you can use this form to ask the judge to change your child support debt (arrears) from the time while you were incarcerated (FL-676 also available at http://www.courts.ca.gov/documents/fl676.pdf).
    Information Sheet for Request for Judicial Determination of Support Arrearages or Adjustment of Arrearages Due to Incarceration or Involuntary Institutionalization (Form FL-676-INFO): This explains how to fill out the Request for Judicial Determination of Support Arrearages or Adjustment of Arrearages Due to Incarceration or Involuntary Institutionalization form (FL-676-INFO also available at http://www.courts.ca.gov/documents/fl676info.pdf).

Incarcerated Parent’s Request to Review Child Support (Child Support)

    Use this form to ask the LCSA to change (stop) your child support payments while you’re incarcerated.

Incarcerated Parent’s Request to Review Child Support (DCSS 0018 Form):

    Form DCSS 0018 is available at: https://csdaca.org/wp-content/uploads/resources/1/Education/Incarcerated%20Obligor/Incarcerated%20Parent%27s%20Request%20to%20Review%20Child%20Support.pdf.

Mac HD:Users:Amandala:Desktop:Family & Children:separated:FOUND:IncarceratedParentsRequesttoReviewChildSupport_01_of_02.pdf

Mac HD:Users:Amandala:Desktop:Family & Children:separated:FOUND:IncarceratedParentsRequesttoReviewChildSupport_02_of_02.pdf

Mac HD:Users:Amandala:Desktop:Family & Children:separated:FL676 Info Sheet for Request for Judicial Det Support Arrearages_01_of_01.pdf

Mac HD:Users:Amandala:Desktop:Family & Children:separated:FOUND:FL-676_01_of_02.pdf

Mac HD:Users:Amandala:Desktop:Family & Children:separated:FOUND:FL-676_02_of_02.pdf

Appendix M
Requesting Spousal Support

Requesting support can be very complicated so it is best to talk to a lawyer or family law facilitator to discuss your situation firsthand. Below is a chart on common support situations and the forms you would need. Please visit The Judicial Branch of California Courts at http://www.courts.ca.gov/9143.htm for detailed steps on what to do with these forms and how to file them properly.

Situation
Forms to Complete

How do I Ask for Temporary Partner or Spousal Support[2653]

    Request for Order (Form FL-300). You can use the Information Sheet for Request for Order (Form FL-300-INFO) to learn how. (Ask your family law facilitator if you need to check the box for “Court Order” and item 4 on Form FL-300); and
    Income and Expense Declaration (Form FL-150).

What Should I do if I Received a Domestic Violence Restraining Order and a Spousal or Partner Support Order?

    Response to Request for Domestic Violence Restraining Order (Form DV-120); and
    Income and Expense Declaration (Form FL-150).
    Proof of Service by Mail (DV-250)

How can I Ask the Court to Calculate Spousal/Child Support?

    Request for Order (Form FL-300). You can use the Information Sheet for Request for Order (Form FL-300-INFO) to learn how. (Ask your family law facilitator if you need to check the box for “Court Order” and item 4 on Form FL-300) See Appendix L for the form),
    Application to Determine Arrearages (Form FL-490),
    Declaration of Payment History (Form FL-420), and
    Payment History Attachment (Form FL-421) to show the overdue support amounts.

How do I Change a Spousal Support Order?

    Request for Order (Form FL-300).
    You can use the Information Sheet for Request for Order (Form FL-300-INFO) for information to fill out the form
    See Appendix L for the form.
    Income and Expense Declaration (Form FL-150).
    Spousal or Partner Support Declaration Attachment
    This form may be needed if you are changing a spousal or partner support order made as part of your divorce or legal separation judgment, or after the judgment.
    Declaration (Form MC-030) or an Attached Declaration (Form MC-031)
    Use if you need more space to explain why you believe a change in spousal or partner support is needed.

How do I Write a Spousal Agreement[2654]

    Spousal or Partner Support Declaration Attachment (Form FL-157). Spousal, Partner, or Family Support Order Attachment (Form FL-343)
    Use as an attachment to your agreement. This form includes a lot of details that you should include in your order.
    Earnings Assignment Order for Spousal or Partner Support (Form FL-435)
    Use if you are agreeing to have the spousal or partner support paid by wage garnishment.

  1. 2590

    Cal. Fam. Code § 3160 – 3165.

  2. 2591

    Judicial Council of Cal., “Custody Mediation,” (2015), http://www.courts.ca.gov/1189.htm.

  3. 2592

    Judicial Council of Cal., “Custody Mediation,” (2015), http://www.courts.ca.gov/1189.htm.

  4. 2593

    Judicial Council of Cal., “Custody Mediation,” (2015), http://www.courts.ca.gov/1189.htm.

  5. 2594

    Judicial Council of Cal., “Custody Mediation,” (2015), http://www.courts.ca.gov/1189.htm.

  6. 2595

    Child Custody Mediation, California Courts: The Judicial Branch, http://www.courts.ca.gov/1189.htm.

  7. 2596

    Judicial Council of Cal., “Custody Mediation,” (2015), http://www.courts.ca.gov/1189.htm.

  8. 2597

    Cal. Fam. Code § 3020.

  9. 2598

    Learn more about these rights by reading Rule 5.534(e) of the California Rules of Court. NOTE: As a de facto parent, you do NOT have the right to attorney fees. But in some cases the judge may give you an attorney, and the court will pay the fees. Also, you do NOT have the right to a rehearing. But you have a right to an appeal

  10. 2599

    Cal. Rules of Court §§ 5.502(10), 5.534(e). Use these forms to request and explain why you want to participate as the child’s de facto parent: Form JV-295 (De Facto Parent Request) and Form JV-296 (De Facto Parent Statement), available online at http://www.courts.ca.gov/documents/jv295.pdf and http://www.courts.ca.gov/documents/jv296.pdf.

  11. 2600

    Cal. Rules of Court § 5.502(10).

  12. 2601

    Judicial Council of Cal., “De Facto Parents,” (2015), (http://www.courts.ca.gov/1207.htm).

  13. 2602

    Cal. Welf. & Inst. Code § 388; see also §§ 366.3(b), 778. To request a change in custody or visitation, use Form JV-180 available online at http://www.courts.ca.gov/documents/jv180.pdf.

  14. 2603

    See, e.g., In re A.S., 174 Cal. App. 4th 1511 (2009) (juvenile dependency court lacked jurisdiction to modify previous order 6 years after dependency jurisdiction had been terminated).

  15. 2604

    Cal. Welf. & Inst. Code §§ 388, 778; telephone call with Eleanor Miller, reentry attorney, Pepperdine Legal Aid Clinic, Jan. 6, 2015.

  16. 2605

    See, e.g., In re Ernesto R., 230 Cal. App. 4th 219 (2014), reh'g denied (Oct. 17, 2014) (mother's completion of drug treatment program did not establish sufficiently changed circumstances, and mother’s recent sobriety reflected “changing”—not changed—circumstances, where mother had a history of drug relapses, was in the early stages of recovery, and was still addressing a chronic substance abuse problem); In re Marcelo B., 209 Cal. App. 4th 635 (2012) (father's participation in 12-step meetings, completion of substance abuse program, and attendance at parenting classes were not prima facie evidence of change in circumstances, where father had already received extensive treatment for his alcoholism before the relapse that led to the current dependency proceeding); In re C.J.W., 157 Cal. App. 4th 1075 (2007) (parents’ rehabilitation efforts did not establish changed circumstances where both parent had extensive histories of drug use and years of failing to reunify with their other children, and where their efforts at rehabilitation were only three months old at time of petition); see also In re J.C., 226 Cal. App. 4th 503 (2014), review denied (Aug. 13, 2014) (although mother's long term sobriety and renewed interest in parenting classes showed changed circumstances, she did not establish that changing court order to give her custody of child would be in the child's best interests, where child had a loving and stable placement with her maternal aunt, who had cared for child since her birth. The aunt had assumed full parental responsibilities and care for child, and the mother failed to present any evidence that child's best interests in permanency and stability would be furthered by the proposed modification).

  17. 2606

    Cal. Welf. & Inst. Code § 302(d) (stating that a final custody or visitation order from juvenile dependency court may be modified in family court only if “the court finds that there has been a significant change of circumstances since the juvenile court issued the order and modification of the order is in the best interests of the child.”). For example, if you have already tried to change custody or visitation through a 388 petition in juvenile dependency court, and the judge denied your petition, then you may go to family court to request changes in custody or visitation.

  18. 2607

    Telephone call with Eleanor Miller, reentry attorney, Pepperdine Legal Aid Clinic, Jan. 6, 2015; electronic communication from Eleanor Miller, reentry attorney, Pepperdine Legal Aid Clinic, Jan. 9, 2015.

  19. 2608

    Cal. Welf. & Inst. Code § 627 et. seq.

  20. 2609

    Cal. Penal Code § 859.5(g)(1).

  21. 2610

    Cal. Welf & Inst. Code § 627.

  22. 2611

    Cal. Welf & Inst. Code § 627.5.

  23. 2612

    Cal. Rule of Court § 5.552.

  24. 2613

    Judicial Council of Cal. “Juvenile Deliquency” (2015), http://www.courts.ca.gov/selfhelp-delinquency.htm.

  25. 2614

    Judicial Council of Cal. “Restitution Basics for Victims of Offenses by Juveniles,” (2012), http://www.courts.ca.gov/documents/restitution_basics_juvenile_web.pdf.

  26. 2615

    In re Jeffrey M., 141 Cal. App 4, 1018 section 730.7

  27. 2616

    Judicial Council of Cal. “Juvenile Deliquency FAQs” (2015), (http://www.courts.ca.gov/1218.htm).

  28. 2617

    Judicial Council of Cal. “Juvenile Deliquency” (2015), http://www.courts.ca.gov/selfhelp-delinquency.htm.

  29. 2618

    Judicial Council of Cal. “Guide to Juvenile Court” (2015), http://www.courts.ca.gov/1216.htm.

  30. 2619

    Guide to Juvenile Court, California Courts, http://www.courts.ca.gov/1216.htm

  31. 2620

    Guide to Juvenile Court, California Courts, http://www.courts.ca.gov/1216.htm

  32. 2621

    Judicial Council of Cal. “Guide to Juvenile Court” (2015), http://www.courts.ca.gov/1216.htm.

  33. 2622

    Judicial Council of Cal. “Juvenile Court Information for Parents, JV-060” (2006), http://www.courts.ca.gov/documents/jv060.pdf.

  34. 2623

    Judicial Council of Cal. “Juvenile Court Information for Parents, JV-060” (2006), http://www.courts.ca.gov/documents/jv060.pdf.

  35. 2624

    Judicial Council of Cal. “Guide to Juvenile Court” (2015), http://www.courts.ca.gov/1216.htm.

  36. 2625

    Judicial Council of Cal. “Guide to Juvenile Court” (2015), http://www.courts.ca.gov/1216.htm.

  37. 2626

    If your child is tried in adult court, he/she will be sent to the Division of Adult Operations of the CDCR.

  38. 2627

    Judicial Council of Cal. “Juvenile Deliquency” (2015), http://www.courts.ca.gov/selfhelp-delinquency.htm.

  39. 2628

    Judicial Council of Cal. “Juvenile Deliquency” (2015), http://www.courts.ca.gov/selfhelp-delinquency.htm.

  40. 2629

    Judicial Council of Cal. “Juvenile Deliquency” (2015), http://www.courts.ca.gov/selfhelp-delinquency.htm.

  41. 2630

    Judicial Council of Cal. “Sealing Juvenile Records” (2015), http://www.courts.ca.gov/28120.htm

  42. 2631

    Judicial Council of Cal. “Sealing Juvenile Records” (2015), http://www.courts.ca.gov/28120.htm

  43. 2632

    http://www.prisonerswithchildren.org/wp-content/uploads/2013/01/CA-Mother-Infant-Prison-Programs_report.pdf p.1

  44. 2633

    http://www.prisonerswithchildren.org/wp-content/uploads/2013/01/CA-Mother-Infant-Prison-Programs_report.pdf p.1

  45. 2634

    Cal. Penal Code §1174.

  46. 2635

    Cal. Penal Code §1174.

  47. 2636

    Cal. Penal Code §1174.

  48. 2637

    Statutory eligibility requirements for the Family Foundations Program are found in California Penal Code section 1174.4

  49. 2638

    Cal. Penal Code §1174.4(b)(4).

  50. 2639

    8 Undated information sheet entitled “The Family Foundations Program, California Department of Corrections and Rehabilitation, A New Chance for Inmate Mothers”.

  51. 2640

    Cal. Penal Code §3417, 54045.20 Community Treatment Programs State of California Department of Corrections Operation Manual, Article 45 — Care, Treatment, & Security of Pregnant Offenders, http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/DOM/DOM%202015/DOM%202015.PDF

  52. 2641

    Cal. Penal Code §3412; See Cal. Penal Code §3417

  53. 2642

    54045.20 Community Treatment Programs, State of California Department of Corrections Operation Manual, Article 45 — Care, Treatment, & Security of Pregnant Offenders, http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/DOM/DOM%202015/DOM%202015.PDFhttp://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/DOM/DOM%202015/DOM%202015.PDF

  54. 2643

    Cal. Penal Code §§ 3412-3424.

  55. 2644

    For the complete list of eligibility requirements, please visit http://www.cdcr.ca.gov/Adult_Operations/FOPS/docs/COMMUNITY%20PRISONER%20MOTHER%20PROGRAM%20CRITERIA%202012.pdf.

  56. 2645

    Cal. Penal Code § 3417 et seq. If you were convicted of certain sex or drug offenses, unless there were “mitigating circumstances”, if you pose a “probability of absconding”, “engaging in other conduct adverse to herself or to other participants”, or “posing an unreasonable risk to the public.” Other crimes that can make you ineligible for CPMP as defined under the California Penal Code include: murder, mayhem, aggravated mayhem, kidnapping, lewd acts on a child under the age of 14, any felony that inflicts great bodily injury on a person other than accomplices, forcible rape, sodomy, child abuse, oral copulation.

  57. 2646

    Cal. Penal Code § 3417 et seq.

  58. 2647

    Child Born to Mother Incarcerated/Hospitalized in a State Institution, CWDA Protocol, Revised by CWDA Children’s Committee 2/2011, http://www.cwda.org/downloads/tools/cws/CWDA-Child-Born-to-Mother-Incarcerated-Hosptalized-in-a-State-Institution.pdf.

  59. 2648

    Legal Services for Prisoners with Children, “Incarcerated Parents Manual,” pg. 22, (updated 2015), available at http://www.prisonerswithchildren.org/wp-content/uploads/2015/03/IPM-final-2-12-2015.pdf

  60. 2649

    Judicial Council Of Cal, “Establishing Parentage/Paternity,” (2015), http://www.courts.ca.gov/1201.htm.

  61. 2650

    Cal. Fam. Code § 7573.

  62. 2651

    Judicial Council Of Cal., “Establishing Parentage/Paternity,” (2015), http://www.courts.ca.gov/1201.htm.

  63. 2652

    Judicial Council Of Cal., “Establishing Parentage/Paternity,” (2015), http://www.courts.ca.gov/1201.htm.

  64. 2653

    Judicial Council of Cal., Asking for a Spousal/Partner Support Order, http://www.courts.ca.gov/9050.htm.

  65. 2654

    See Judicial Council of Cal., Asking for a Spousal/Partner Support Order, http://www.courts.ca.gov/9050.htm.