Guardianship of Layla Waterman

Case Number

23PR00233

Case Type

Hearing Date / Time

Mon, 11/27/2023 - 08:30

Nature of Proceedings

Petition to Appoint Guardian of the Person

Tentative Ruling

Probate Notes:

Appearances required.  The following issues are noted for the Court at that hearing:

Petition filed by B. Elenes on May 1, 2023

This petition received objection by M. Waterman on June 14, 2023.  This petition still suffers from the following defects:

Adequate ICWA Inquiry.  There is no evidence before the court that an adequate inquire was made under the act.  The proposed guardian of the child must, if possible, complete the Parental Notification of Indian Status (form ICWA-020). If form ICWA-020 is not yet completed and the parents and/or Indian custodian or guardian do not appear at the first hearing, the court will order the petitioners to use reasonable diligence to find the parents, Indian custodian, or guardian; advise them that the court has ordered them to complete form ICWA-020; and have them complete the form.

If, after the use of reasonable diligence, the petitioner is not able to have the parents, Indian custodian, or guardian complete form ICWA-020 and a court investigator is appointed, the court investigator should make every effort to have the parents, Indian custodian, or guardian complete form ICWA-020. (Welf. & Inst. Code, § 224.2; Prob. Code, § 1459.5(b); Cal Rules of Court, rules 5.481(a)(1), 7.1015(c).)

Petition filed by M. Waterman on July 27, 2023

The petition was filed on demand in a new case, instead of being filed under the same case number as this case (i.e. 23PR00233).  The petition suffers from the following defects:

• Confidential Guardian Screening Form does not list all previous criminal charges/convictions.
• Petition alleges a Petition for Temporary Guardianship will be filed with the petition, but no such petition was filed.
• Petition not served on Brian Michael Slonacker, sibling of proposed ward.
• Indian Child Welfare Act inquiry not conducted.