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 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 2 Transition Experiences Social Transition Medical Transition Gender Expression Puberty Blockers (Reversible) Clothes Phenotypic Hormones Therapy Hair Gender Affirming Surgeries Name Legal Transition Name Change Gender Marker Identity Documents 3 1
6/26/20 “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.” 4 Name and Gender Petitions for Dependents 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). Children’s Law Center of California www.clccal.org 5 Why file in dependency court ? 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) Children’s Law Center of California www.clccal.org 6 2
6/26/20 Who can file? Parent/Guardian Youth over 18 Court appointed dependency attorney Code Civ. Proc. §§1276(a) & (e); Health & Saf. Code §103430(f) Children’s Law Center of California www.clccal.org 7 What’s in a name ? Talk to the youth Respect, Understanding, Caring Name and gender ? Legal Name – spelling, middle name ? Children’s Law Center of California www.clccal.org 8 Name and Gender Change Petitions 1. Name change to conform to gender identity 2. Gender change (with or without name change) 3. Name change only Children’s Law Center of California www.clccal.org 9 3
6/26/20 The overall legal name/gender change process Step 1 Step 2 Step 3 Step 4 Step 5 Serve/ Court Fill out Court File the order Notice the and forms Hearing parent forms follow s up Children’s Law Center of California www.clccal.org 10 Forms for Name Change to Conform to Gender Identity 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) Children’s Law Center of California www.clccal.org 11 Forms for Gender Change (Minor) 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) Children’s Law Center of California www.clccal.org 12 4
6/26/20 Forms for Gender Change and Name Change (minor) 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 Children’s Law Center of California www.clccal.org 13 Forms for Gender Change (NMD) 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) Children’s Law Center of California www.clccal.org 14 Forms for Gender and Name Change (NMD) 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) Children’s Law Center of California www.clccal.org 15 5
6/26/20 Filing the Forms Make copies Original copy – court • Copy – attorney’s file • Copy for each person that • needs to be served Children’s Law Center of California www.clccal.org 16 Filing the forms 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 Children’s Law Center of California www.clccal.org 17 Name/Gender Changes during COVID Can be filed in dropbox Must show why/how this is essential matter. Necessary for health and safety of the child Children’s Law Center of California www.clccal.org 18 6
6/26/20 Serving the forms – Name Change 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 Children’s Law Center of California www.clccal.org 19 Serving the forms – Gender Change 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 of OSC for name change Proof of service ( Form NC-121 ) - file with court Children’s Law Center of California www.clccal.org 20 Court Hearing 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 Children’s Law Center of California www.clccal.org 21 7
6/26/20 Court Hearing - Objections 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 Children’s Law Center of California www.clccal.org 22 Court Order 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 on other legal documents Children’s Law Center of California www.clccal.org 23 Follow Up –Amend Birth Certificate (CA) 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 Children’s Law Center of California www.clccal.org 24 8
6/26/20 Follow up - Amend CA Birth Certificate – Name only 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 Children’s Law Center of California www.clccal.org 25 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 identity https://faq.ssa.gov/en-US/Topic/article/KA-01981 Children’s Law Center of California www.clccal.org 26 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 Children’s Law Center of California www.clccal.org 27 9
6/26/20 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/ Children’s Law Center of California www.clccal.org 28 Other records • School Records • Medi-Cal • SSI Children’s Law Center of California www.clccal.org 29 Question Is there a publication requirement for gender or name changes ? Children’s Law Center of California www.clccal.org 30 10
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