gender and name changes in the dependency court 062620 · 6/26/20 1 legal name and gender changes...

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Legal Name and Gender Changes in the Dependency CourtRonnie CheungJune 26, 2020

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Learning Objectives1) 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 LawCenter of California www.clccal.org

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Transition Experiences

Gender ExpressionClothesHairName

Puberty Blockers (Reversible)Phenotypic Hormones TherapyGender Affirming Surgeries

Legal TransitionName ChangeGender MarkerIdentity 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 nonminordependents Code Civ. Proc. §1276 (e); Health & Saf. Code §103430(f).

Name and Gender Petitions for Dependents


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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?


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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?


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Talk to the youth

Respect, Understanding, Caring

Name and gender?Legal Name – spelling, middle name?

What’s in a name?


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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


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The overall legal name/genderchange process

Fill out the

forms

File the forms

Serve/Notice parent

s

Court Hearing

Court order and

follow up

Step 1 Step 2 Step 3 Step 4 Step 5


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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


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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 of 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)


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1) All of the forms for Gender Change of minor2) 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)


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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)


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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)


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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


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Clerk’s Office reviews and verifies formsGender change petitions require a

hearing – get court date from courtroom clerk

File in courtroom with clerkRetrieve file stamped copies for service

Filing the forms


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Can be filed in dropbox

Must show why/how this is essential matter.

Necessary for health and safety of the child

Name/Gender Changes during COVID


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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 stateWithin 30 days from when OSC for name

change is signedProof of service (Form NC-121) - file with court

Serving the forms – Name Change


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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 stateAt least 30 days before hearing or from date

of OSC for name changeProof of service (Form NC-121) - file with court

Serving the forms – Gender Change


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Only if objections filed timelyObjections for Gender change due 2

days before court dateObjections for Name change due within

6 weeks of OSC

Court Hearing


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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 objection shows good cause

Court Hearing - Objections


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If no objection filed, court shall grant petition without hearing

Court signs the relevant order/decreeGet certified copies from clerk

Need multiple copies to change name on other legal documents

Court Order


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VS 24 – Affidavit to Amend a RecordFile certified copy of order within 30 daysMail to CA Dept of Public Health Vital

Recordshttps://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)


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

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VS 23 form – Amendment of Birth Record to Reflect Court Order Change of NameFile 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%20Library/ADA_Amend%20BC%20After%20Name%20Change%20Pamphlet%20(01-20).pdf

Follow up - Amend CA Birth Certificate –Name only


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Social Security


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

order)• Proof of identityhttps://faq.ssa.gov/en-US/Topic/article/KA-01981

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Social Security


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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https://www.cdph.ca.gov/Programs/CHSI/Pages/Amending-a-Birth-Certificate-After-a-Court-Order-Name-Change.aspxhttps://www.cdph.ca.gov/Programs/CHSI/CDPH%2520Document%2520Library/ADA_Amend%2520BC%2520After%2520Name%2520Change%2520Pamphlet%2520(01-20).pdfhttps://faq.ssa.gov/en-US/Topic/article/KA-01981https://faq.ssa.gov/en-us/Topic/article/KA-01453

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DMV Driver’s License or ID Card


• 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


• School Records• Medi-Cal• SSI

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Question


Is there a publication requirement for gender or name changes?

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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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Publication


No. Publication is not required if name or gender change is filed to conform to gender identity.

Publication is required for most other name changes.

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Question


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?

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Notice/Service to parents


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


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

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Notice to Parents


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


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

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Notice to Parents


Yes. When reunification services are terminated, the parent retains parental rights and notice is required.

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Question


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

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Notice to Parents


No. Nonminor dependents may file name or gender change petitions on their own and do not need to notice their parents.

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THANK YOURonnie Cheung

[email protected](323)980-1563

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