Santa Clara — FM-1080*

Source: https://santaclara.courts.ca.gov/system/files/forms/fm-1080_rem.pdf

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA FAMILY JUSTICE CENTER

YOU ARE ORDERED BY THE COURT TO GO TO AN EMERGENCY SCREENING
REGARDING CUSTODY AND VISITATION OF YOUR CHILDREN

YOU ARE ORDERED TO APPEAR:

Date:

Where: Family Court Services, 5th Floor Lobby
Superior Court of California, Santa Clara County,
201 North First Street, San José, California 95113
8:00 a.m.

1. Upon receipt of this Order, please report directly to the Family Court Services (FCS) lobby on the 5 th floor to begin the Emergency Screening intake process. *For parties appearing remotely, you will receive a courtesy call from a FCS representative to begin the intake process.

2. During the intake process, you will be asked to complete both the FCS intake form and Domestic Violence Questionnaire. Both forms must be completed and returned to FCS at least two days prior to the scheduled Emergency Screening.

3. Screening Documents/Recording Submissions:

   • Documents: FCS will review the existing court file. For additional documents you would like the Screener to review, FCS will only accept fifteen (15) single-sided pages. • Audio/Visual Recordings: All recordings, together, should equal no more than ten (10) minutes of total recording time and must be provided on a USB stick. • All documents and recordings must be submitted to FCS 48 hours in advance of the Screening day. • A FCS proof of service form (Local form FM-1061) must be executed and attached to all submissions, indicating all parties to the matter have been properly served.

4. All parties and minor children MUST report in-person to the FCS lobby at 8:00 a.m. on the day of the Emergency Screening. All parties should plan to remain at the courthouse until 5:00 p.m. that day. *Parties may be charged additional fees for rescheduling due to tardiness or no-show cancellations.

5. Childcare for Screenings: A neutral third-party caretaker, over the age of eighteen, must be present all day to provide childcare for the children who are the subject(s) of the Screening. Children are to remain at the courthouse until the Screener has given permission for their release. The parent who has custody of the children at the time of the screening is responsible for providing childcare during the screening.

6. Collateral Contacts: Please give notice to all social workers, counselors, teachers, physicians or other people that have important information about the specific safety issues related to the Screening to be available by telephone on the day of the Screening. Screenings may be continued if important information is not immediately available. *FCS Release of Information forms will be provided to you during the intake process.

   EMERGENCY SCREENING GENERAL INFORMATION

   IMPORTANT: READ BOTH SIDES OF THIS FORM FORFOR ALL INSTRUCTIONS.

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WHAT IS AN EMERGENCY SCREENING? - An Emergency Screening is a focused investigation limited to urgent issues regarding the safety and well-being of children at risk of harm. Screenings are completed by mental health clinicians with expertise in child custody issues.

HOW DOES A SCREENING WORK? – An investigator from Family Court Services (FCS) will learn about the immediate safety concerns that they have been directed to investigate. Screening investigations typically conclude on the same day they are started. However, some are scheduled to return in order to thoroughly complete the investigation.

The Screener may: • Talk with the parents and their attorneys and the children’s attorney (if they have one). • Talk to the children and observe how they interact with parents or other family members. • Review the court file and other documents related to the emergency issues. • Look at criminal records of anyone living in the house with the children. • Review CPS records involving the children. • Talk with other witnesses, professionals or family members by phone, or, in-person.

The Screener will then present written recommendations first to the parents and their attorneys. If both sides agree with the recommendations, they will become orders of the court. If either of the parties object to the recommendations, the recommendations will be presented to the Judge and the parties will have a hearing.

WHAT DOES A SCREENING COST? - The fee for an Emergency Screening conducted by FCS is $160 per hour, divided equally between the parties, unless otherwise ordered by the court. If you cannot afford to pay the Screening fees, you can ask for a fee waiver and complete the associated forms. *The fee waiver forms are available at the FCS lobby on the 5 th floor.

WHAT IF THERE IS DOMESTIC VIOLENCE? If either party has been the victim of domestic violence, FCS will make arrangements to have the parties on separate floors throughout the entire Screening day. If there is a current criminal order and/or civil restraining order wherein you are the listed victim, you have the right to have a support person with you. Please contact FCS for more information.

IS A SCREENING CONFIDENTIAL? - Any information given to FCS throughout the course of the Screening investigation is not confidential.The Screener may testify about the information provided. *Please note, all Screeners are mandated reporters and are subject to mandated reporting requirements.

WHERE DO I GET MORE INFORMATION? - For more information, please visit the FCS section of the court’s website here: https://santaclara.courts.ca.gov/divisions/family-division/family-court-services-fcs.

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