Guardianship of Evangelina Amor Hansen
Guardianship of Evangelina Amor Hansen
Case Number
24PR00119
Case Type
Hearing Date / Time
Tue, 04/02/2024 - 09:00
Nature of Proceedings
Petition for Temporary Guardianship
Tentative Ruling
Probate Notes:
Appearances required. The following must be submitted before the matter can be adjudicated:
Proof of Personal Service. Proof of timely personal service of the notice of hearing and a copy of the petition (Prob. Code, § 1511) on the father of the minor, 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).
Please note: The request to dispense with notice to the minors’ parents is recommended for denial. There is insufficient evidence showing notice is detrimental to the minor or poses an imminent threat of harm. Further, merely listing the minor’s father as “unknown” is insufficient due diligence. Thus, the Request to Dispense with Notice does not contain facts supporting a finding of due diligence to locate (Prob. Code, § 1511(g)(1), CRC 7.52 [must file a dec. of due diligence (Local Court Form SC-6014), “must state the name of the person whose address is unknown, the last known address of the person, the approximate date when the person was last known to reside there, the efforts made to locate the person, and any facts that explain why the person's address cannot be obtained. The declaration must include a description of the attempts to learn of the person's business and residence addresses by: (1)Inquiry of the relatives, friends, acquaintances, and employers of the person entitled to notice and of the person who is the subject of the proceeding; (2)Review of appropriate city telephone directories and directory assistance; and (3)Search of the real and personal property indexes in the recorder's and assessor's offices for the county where the person was last known or believed to reside.”]); or that notice is contrary to the interest of justice (Prob. Code, § 1511(g)(2)).
Adequate ICWA Inquiry. The 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).)