Guardianship of Ethan R Gaynor-Bleavins, et al.
Guardianship of Ethan R Gaynor-Bleavins, et al.
Case Number
23PR00532
Case Type
Hearing Date / Time
Wed, 01/03/2024 - 08:30
Nature of Proceedings
Petition to Appoint Guardian of the Person
Tentative Ruling
Probate Notes:
Appearances required.
This case is automatically stayed pursuant to Family Code section 7807(b). On December 14, 2023, petitioner filed Petitions for the Freedom from Parental Custody and Control of both minors involved in this case. Those petitions take statutory precedence over this petition, and likely make this petition ultimately moot, since no Petition for Freedom from Parental Custody and Control will ever be granted without an accompanying adoption petition, unless extremely good cause exists to do so.
The following are notable defects that must be remedied should this petition ever move forward:
Proof of Personal Service. Proof of timely personal service of the notice of hearing and a copy of the petition (Prob. Code, § 1511) on minor’s parents, OR Consent to Appointment of Guardian and Waiver of Notice (Judicial Council form GC-211) OR adequately supported request to dispense with notice (CRC 7.52; see Local Court form SC-6014). No proof of service shows personal service to the parents, and the GC-211 signed by father of minor is inadequate to constitute consent to appointment and waiver, because the bottom third of the form was not completed and signed.
Proof of Timely Service on Department of Social Services. Director of Social Services must receive notice of nonrelative guardianships (Prob. Code, §§ 1542, 1511(d) [Local practice has been to serve local CWS].) No notice to CWS or DSS on file.
Inadequate ICWA Inquiry. Inquiring of only one side of the family is not adequate. Both parents and/or Indian custodian or other guardian of the child must, if possible, complete the Parental Notification of Indian Status (form ICWA-020). If the parents are available, this can be done before the first hearing. If not done before the first hearing and these people appear at the hearing, the court should order the parents, Indian custodian, or guardian to complete form ICWA-020 at that time. 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).)