Legal Name and Gender Changes in the Dependency Court Ronnie - - PDF document

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Legal Name and Gender Changes in the Dependency Court Ronnie - - PDF document

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6/26/20 Legal Name and Gender Changes in the Dependency Court Ronnie Cheung June 26, 2020 1 Learning Objectives 1) Recognize and understand significance of names, gender pronouns, and unique needs of trans youth 2) Recall significant steps

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Legal Name and Gender Changes in the Dependency Court

Ronnie Cheung June 26, 2020

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Learning Objectives

1) Recognize and understand significance of names, gender pronouns, and unique needs of trans youth 2) Recall significant steps in legal name and/or gender change process and where to access further information 3) Identify and apply at least 3 ways to support youth with name and gender affirmation

Children’s Law Center of California www.clccal.org

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Transition Experiences

Gender Expression Clothes Hair Name Puberty Blockers (Reversible) Phenotypic Hormones Therapy Gender Affirming Surgeries

Legal Transition

Name Change Gender Marker Identity Documents

Social Transition Medical Transition

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“When people misidentify me or tell me I’ll never be a boy, or don’t call me by my name,

it hurts. It makes me want to give up. It

reminds me that I’m trapped in the wrong

  • body. It makes me think I’ll never get out. People

will never see me as a boy. There’ve been times that I've secretly attempted suicide without anyone knowing.”

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  • Can be filed by the court appointed

dependency attorney

  • Can be filed the appointing court

(Dependency)

  • Applies to dependents and nonminor

dependents

Code Civ. Proc. §1276 (e); Health & Saf. Code §103430(f).

Name and Gender Petitions for Dependents

Children’s Law Center of California www.clccal.org

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Legal name and gender recognition is important! Dependency records are confidential Navigating the legal process Important documents need to be provided to youth (Welf. & Inst. Code §391)

Why file in dependency court?

Children’s Law Center of California www.clccal.org

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Parent/Guardian Youth over 18 Court appointed dependency attorney

Code Civ. Proc. §§1276(a) & (e); Health & Saf. Code §103430(f)

Who can file?

Children’s Law Center of California www.clccal.org

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Talk to the youth Respect, Understanding, Caring Name and gender? Legal Name – spelling, middle name? What’s in a name?

Children’s Law Center of California www.clccal.org

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  • 1. Name change to conform to

gender identity

  • 2. Gender change (with or without

name change)

  • 3. Name change only

Name and Gender Change Petitions

Children’s Law Center of California www.clccal.org

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The overall legal name/gender change process

Fill out the forms File the forms Serve/ Notice parent s Court Hearing Court

  • rder

and follow up

Step 1 Step 2 Step 3 Step 4 Step 5

Children’s Law Center of California www.clccal.org

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1) Civil Case Cover Sheet (Form CM-010) 2) Petition for Change of Name (Form NC-100) 3) Attachment to Petition for Change of Name (Form NC-110) 4) Order to Show Cause for Change of Name to Conform to Gender Identity (NC-125/NC-225) 5) Decree Changing Name (NC-130)

Forms for Name Change to Conform to Gender Identity

Children’s Law Center of California www.clccal.org

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1) Civil Case Cover Sheet (Form CM-010) 2) Petition for Recognition of Minor’s Change of Gender and Issuance of New Birth Certificate and Change of Name (Form NC-500) 3) Declaration of Guardian or Dependency Attorney (Form NC-510G) 4) Order to Show Cause for Recognition of Minor’s Change

  • f Gender and Issuance of New Birth Certificate (NC-520)

5) Order Recognizing Minor’s Change of Gender and for Issuance of New Birth Certificate (NC-530G)

Forms for Gender Change (Minor)

Children’s Law Center of California www.clccal.org

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1) All of the forms for Gender Change of minor 2) Name and Information About the Person Whose Name is to Be Changed (NC-110) 3) Order to Show Cause for Change of Name to Conform to Gender Identity (NC-125/NC- 225) 7 forms total Forms for Gender Change and Name Change (minor)

Children’s Law Center of California www.clccal.org

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1) Civil Case Cover Sheet (Form CM-010) 2) Petition for Recognition of Change of Gender and Issuance of New Birth Certificate (Form NC-300) 3) Order for Change of Gender and for Issuance of New Birth Certificate (NC-330) Forms for Gender Change (NMD)

Children’s Law Center of California www.clccal.org

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1) Civil Case Cover Sheet (Form CM-010) 2) Petition for Change of Name, Recognition of Change of Gender, and Issuance of New Birth Certificate (Form NC- 200) 3) Attachment to Petition for Change of Name(Form NC- 110)

4) Order to Show Cause for Change of Name to Conform to Gender Identity (NC-125/NC-225)

5) Decree Changing Name and Order Recognizing Change of Gender and for Issuance of New Birth Certificate (NC-230)

Forms for Gender and Name Change (NMD)

Children’s Law Center of California www.clccal.org

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Make copies

  • Original copy – court
  • Copy – attorney’s file
  • Copy for each person that

needs to be served Filing the Forms

Children’s Law Center of California www.clccal.org

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Clerk’s Office reviews and verifies forms Gender change petitions require a hearing – get court date from courtroom clerk File in courtroom with clerk Retrieve file stamped copies for service

Filing the forms

Children’s Law Center of California www.clccal.org

17 Can be filed in dropbox Must show why/how this is essential matter. Necessary for health and safety

  • f the child

Name/Gender Changes during COVID

Children’s Law Center of California www.clccal.org

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OSC needs to be served on parent(s) Grandparents if parents deceased or can’t be located In person unless out of state Within 30 days from when OSC for name change is signed Proof of service (Form NC-121) - file with court

Serving the forms – Name Change

Children’s Law Center of California www.clccal.org

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OSC needs to be served on parent(s) Grandparents if parents deceased or can’t be located In person unless out of state At least 30 days before hearing or from date

  • f OSC for name change

Proof of service (Form NC-121) - file with court

Serving the forms – Gender Change

Children’s Law Center of California www.clccal.org

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Only if objections filed timely Objections for Gender change due 2 days before court date Objections for Name change due within 6 weeks of OSC

Court Hearing

Children’s Law Center of California www.clccal.org

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Court should notify petitioner if hearing is set/required Objections based solely on concerns over the petitioner’s actual gender identity or gender assigned at birth are not good

  • cause. Code of Civ. Proc. §1277.5(c); Health & Saf.

Code §103430(b)(2).

No hearing should be set unless timely

  • bjection shows good cause

Court Hearing - Objections

Children’s Law Center of California www.clccal.org

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If no objection filed, court shall grant petition without hearing Court signs the relevant order/decree Get certified copies from clerk Need multiple copies to change name

  • n other legal documents

Court Order

Children’s Law Center of California www.clccal.org

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VS 24 – Affidavit to Amend a Record File certified copy of order within 30 days Mail to CA Dept of Public Health Vital Records

https://www.cdph.ca.gov/Programs/CHSI/Pages/Correcting-or- Amending-a-Birth-Certificate-After-a-Sex-Change- Reassignment.aspx

Follow Up –Amend Birth Certificate (CA)

Children’s Law Center of California www.clccal.org

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VS 23 form – Amendment of Birth Record to Reflect Court Order Change of Name File certified copy of order within 30 days

https://www.cdph.ca.gov/Programs/CHSI/Pages/Amending-a-Birth- Certificate-After-a-Court-Order-Name-Change.aspx https://www.cdph.ca.gov/Programs/CHSI/CDPH%20Document%20Librar y/ADA_Amend%20BC%20After%20Name%20Change%20Pamphlet%20 (01-20).pdf

Follow up - Amend CA Birth Certificate – Name only

Children’s Law Center of California www.clccal.org

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Social Security

Children’s Law Center of California www.clccal.org

Name Change:

  • Application for Social Security Card (SS-5)
  • Proof of citizenship or immigration status
  • Proof of legal name change (court
  • rder)
  • Proof of identity

https://faq.ssa.gov/en-US/Topic/article/KA-01981

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Social Security

Children’s Law Center of California www.clccal.org

Gender Marker:

  • All of requirements for name change and:
  • Court order with recognition of new gender
  • SSA doesn’t recognize non-binary gender

markers

https://faq.ssa.gov/en-us/Topic/article/KA-01453

No photocopies. Originals or certified copies only

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DMV Driver’s License or ID Card

Children’s Law Center of California www.clccal.org

  • Certified copy of name change court order
  • Driver’s license & ID card application (DL 44)
  • Gender Category Request form if updating (DL 329S)
  • May request nonbinary gender designation
  • Update with SSA first
  • DMV is linked to SSA computer system
  • Change name and gender at same time – sealed

record

https://www.dmv.ca.gov/portal/driver-licenses-identification- cards/updating-information-on-your-driver-license-or-identification- dl-id-card/

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Other records

Children’s Law Center of California www.clccal.org

  • School Records
  • Medi-Cal
  • SSI

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Question

Children’s Law Center of California www.clccal.org

Is there a publication requirement for gender or name changes? 30

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Publication

Children’s Law Center of California www.clccal.org

  • No. Publication is not required if name
  • r gender change is filed to conform

to gender identity. Publication is required for most other name changes. 31

Question

Children’s Law Center of California www.clccal.org

The youth doesn’t want father to know that they are asking for a name/gender change. Are there any exceptions to the notice/service requirement for parents? 32

Notice/Service to parents

Children’s Law Center of California www.clccal.org

  • No. There is a legal requirement for parents

who have not signed the petition to be served with the petition and OSC when the petition is filed on behalf of a minor.

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Question

Children’s Law Center of California www.clccal.org

Is notice to the parent(s) required if parental rights have been terminated? 34

Notice to Parents

Children’s Law Center of California www.clccal.org

  • No. Once parental rights have been

terminated, the biological parent no longer has parental rights and notice of the name/gender petition is not required.

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Question

Children’s Law Center of California www.clccal.org

Is notice to the parent(s) required if reunification services have been terminated? 36

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Notice to Parents

Children’s Law Center of California www.clccal.org

  • Yes. When reunification services are

terminated, the parent retains parental rights and notice is required.

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Question

Children’s Law Center of California www.clccal.org

Is notice to the parent(s) required if the youth is a nonminor dependent? 38

Notice to Parents

Children’s Law Center of California www.clccal.org

  • No. Nonminor dependents may file name
  • r gender change petitions on their own

and do not need to notice their parents.

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THANK YOU

Ronnie Cheung cheungr@clcla.org (323)980-1563

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