Tier 2 Mediation with Information Gathering and Tier 3: Child Custody Recommending Counseling (CCRC)

 

Tier 2: Custody Mediation with Information Gathering

The purpose of Tier II sessions is to provide the Court with additional information regarding specific areas deemed significant by the Judicial Officer. A summary report will be provided to the Court and parties which may include, but not be limited to, a description of contacts with Child Protective Services (CPS), law enforcement agencies, interviews with the child(ren), etc. The mediator/counselor will only interview and/or provide additional information regarding the specific areas or persons identified by the Judicial Officer. Information Gathering summary report will not include any recommendations.

 

Tier 3: Child Custody Recommending Counseling (CCRC)

The CCRC report will provide recommendations that are based on the professional judgment of the Recommending Counselor regarding a parenting plan that is in the best interests of the child(ren). Recommending counselors may also rely on collateral contacts and interview of the children.

 

Will I receive a copy of the report?

Yes. If the attorneys represent both parties, the mediator/recommending counselor will send a copy of the report to your attorney. If you are not represented by an attorney, then the mediator/recommending counselor will send a copy directly to you.

 

Is the recommendation an order of the court?

A FCS report and recommendation has no legal status until the court acts on it. A party who wishes to have the report considered by the judicial officer must appear at a scheduled court hearing. If both parties are in agreement, the court may make the FCS recommendations an order of the court. If either party disagrees with the FCS recommendation, the court may decide to make an order and/or the matter may be set for further court hearings.

 

How do I subpoena a Recommending Counselor?

You may subpoena or take the deposition of a Recommending Counselor that conducted a Tier II or Tier III session after the issuance of their summary report. If you are seeking to take the deposition of a Recommending Counselor, you must provide them a notice at least thirty (30) calendar days in advance (any mediator that conducted Tier I confidential mediation may not be subpoenaed or deposed).. The hourly rate for testimony will be set by the court-connected (contracted) Recommending Counselor and shall be paid at the time the subpoena is served. The court-connected Recommending Counselor may also require a deposit for time expended preparing for the testimony.

© 2019 Superior Court of Placer County