Rule 5.735.Legal guardianship
Division 3. Juvenile Rules · Chapter 12. Cases Petitioned Under Section 300 · Article 4. Reviews, Permanent Planning · Last amended 2021 · Last verified September 10, 2026
Full Text of Rule 5.735
Plain-English Summary
A juvenile court guardianship is not a probate proceeding grafted onto a dependency. It happens in the juvenile court, and the recommendation comes in the social study or the permanency assessment — no separate petition and no separate hearing are required.
Unless the court is proceeding at the dispositional hearing under the statute that allows guardianship there, notice of the hearing follows the permanency notice statute and the hearing is conducted under the permanency procedures.
If the court finds guardianship is the right permanent plan, it appoints the guardian and orders the clerk to issue letters of guardianship as soon as the guardian signs the required affirmation. Those letters are not confidential juvenile documents — the guardian needs to be able to show them.
Visitation is not optional. The court must issue orders about visitation by a parent or former guardian unless it finds that visits would be detrimental to the child’s physical or emotional well-being. It may also make orders about visitation by a relative.
Then the court chooses what to keep. Generally it may retain dependency jurisdiction or end it and keep jurisdiction over the child as a ward of the guardianship. But where the guardian is a relative or nonrelative extended family member and the statutory conditions apply, the court must terminate dependency and retain the narrower jurisdiction — unless the guardian objects or the court finds exceptional circumstances requiring dependency to continue.
The court must advise all parties of their appeal rights.
Frequently Asked Questions
Does a juvenile court guardianship need its own petition?
No. The recommendation is included in the social study report or the assessment prepared for the permanency hearing. Neither a separate petition nor a separate hearing is required.
Are letters of guardianship confidential?
No. Letters of Guardianship (Juvenile) (form JV-330) are not subject to the confidentiality protections in section 827.
Must the court order visitation with a parent?
Yes, unless it finds that visitation would be detrimental to the physical or emotional well-being of the child. The court may also make orders about visitation by a relative.
Does dependency end when a guardian is appointed?
Usually the court may choose. But where the guardian is a relative or nonrelative extended family member and the other statutory requirements apply, the court must terminate dependency jurisdiction and retain jurisdiction under section 366.4 — unless the guardian objects or exceptional circumstances require dependency to continue.
Amendment History
Rule 5.735 amended effective January 1, 2021; adopted as rule 1464 effective January 1, 1991; renumbered as rule 1465 effective July 1, 1995; previously amended effective July 1, 1999, January 1, 2006, and January 1, 2017; previously amended and renumbered as rule 5.735 effective January 1, 2007.
(Subd (a) amended effective January 1, 2021; previously amended effective July 1, 1997, July 1, 1999, January 1, 2006, and January 1, 2007.) (Subd (b) amended effective January 1, 2021; previously amended effective July 1, 1999, and January 1, 2006.) (Subd (c) amended effective January 1, 2021; adopted as subd (d); previously amended effective July 1, 1999, and January 1, 2006; previously amended and relettered effective January 1, 2017.) (Subd (d) amended and relettered effective January 1, 2017; adopted as subd (e); previously amended effective January 1, 2006, and January 1, 2007.)