Form Fam-013 - Order Appointing Counsel For Minors - 2006 Page 6
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Family Code section 3151
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(a) The child's counsel appointed under this chapter is charged with the representation
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of the child's best interests. The role of the child's counsel is to gather facts that bear on
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the best interests of the child, and present those facts to the court, including the child's
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wishes when counsel deems it appropriate for consideration by the court pursuant to
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Section 3042. The counsel's duties, unless under the circumstances it is inappropriate
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to exercise the duty, include interviewing the child, reviewing the court files and all
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accessible relevant records available to both parties, and making any further
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investigations as the counsel considers necessary to ascertain facts relevant to the
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custody or visitation hearings.
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(b) At the court's request, counsel shall prepare a written statement of issues and
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contentions setting forth the facts that bear on the best interests of the child. The
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statement shall set forth a summary of information received by counsel, a list of the
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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
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communication subject to Section 954 of the Evidence Code. The statement of issues
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and contentions shall be filed with the court and submitted to the parties or their
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attorneys of record at least 10 days before the hearing, unless the court orders
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otherwise. At the court's request, counsel may orally state the wishes of the child if that
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information is not a privileged communication subject to Section 954 of the Evidence
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Code, for consideration by the court pursuant to Section 3042. Counsel shall not be
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called as a witness in the proceeding. Counsel may introduce and examine counsel's
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own witnesses, present arguments to the court concerning the child's welfare, and
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participate further in the proceeding to the degree necessary to represent the child
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adequately. In consultation with representatives of the Family Law Section of the State
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Bar and the Senate and Assembly Judiciary Committees, the Judicial Council may
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specify standards for the preparation of the statement of issues and contentions and
Order Appointing Counsel for Minor(s)
FAM-013
FC §3150
Rev 12/06
Page 6 of 7
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