Rule 5.815.Legal guardianship—wards (§§ 366.26, 727.3, 728)
Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 5. Reviews and Sealing · Last amended 2021 · Last verified September 10, 2026
Full Text of Rule 5.815
Plain-English Summary
A ward can have a guardian appointed without leaving the juvenile court. The proceedings run under the dependency permanency statute, and the recommendation may come three ways: from the probation officer in the social study and case plan, on the motion of the child’s attorney, or from the court’s own determination that guardianship is the appropriate permanent plan.
The court then orders an assessment covering the statutory elements — plus a statement confirming that the proposed guardian has been given the information booklet explaining what a juvenile court guardian does, in English or Spanish. No separate petition and no separate hearing are required; the recommendation can sit inside the ordinary social study.
The clerk notices the child, the parents and everyone else the statute requires. The hearing follows the permanency procedures, the court must read and consider the assessment and any other relevant evidence, and the person who prepared the assessment must be available for examination by the court or any party.
On the necessary findings the court appoints the guardian and orders letters issued as soon as the guardian signs them — letters that are not confidential juvenile documents. The court may make orders about visitation and contact with a parent or other relative, and may either continue wardship and supervision or end it.
Changing or ending the guardianship — including adding a co-guardian or naming a successor — is done by petition in the juvenile court, following the modification procedures, and may be heard alongside any regularly scheduled hearing about the child.
Frequently Asked Questions
Can a ward have a legal guardian appointed?
Yes. Proceedings for the appointment of a legal guardian for a ward may be held in the juvenile court under the section 366.26 procedures.
Is a separate petition needed?
No. The probation officer’s recommendation may be included in the social study report and case plan. Neither a separate petition nor a separate hearing is required.
What must the proposed guardian be given?
A copy of the information form explaining what it means to become a child’s guardian in juvenile court, in English or Spanish — and the assessment must confirm that this was provided.
Does wardship end when a guardian is appointed?
Not automatically. After appointing a legal guardian the court may continue juvenile court wardship and supervision, or may terminate wardship.
Amendment History
Rule 5.815 amended effective January 1, 2021; adopted as rule 1496.2 effective January 1, 2004; previously amended effective July 1, 2006, and July 1, 2016; previously amended and renumbered as rule 5.815 effective January 1, 2007
(Subd (a) amended effective January 1, 2021; previously amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2021; previously amended effective January 1, 2007.) (Subd (c) amended effective January 1, 2021; previously amended effective January 1, 2007.) (Subd (d) amended effective July 1, 2016.) (Subd (e) amended effective January 1, 2021.) (Subd (f) amended effective January 1, 2021; previously amended effective July 1, 2006, and January 1, 2007.) (Subd (g) amended effective January 1, 2021; previously amended effective January 1, 2007.)