Guardianship of Jake Anthony Parsons

Case Number

24PR00156

Case Type

Hearing Date / Time

Wed, 05/29/2024 - 08:30

Nature of Proceedings

Petition to Appoint Guardian of Person

Tentative Ruling

Probate Notes:

Appearances required.

The following issues are noted for the Court at the hearing and must be resolved:

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/Proposed Ward, 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).

Proof of Timely Mailed Service.  Proof of timely mailed service of the notice of hearing and a copy of the petition (Prob. Code, § 1511) on maternal grandfather and paternal grandparents, 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).

Notice to Chumash Tribe pursuant to Indian Child Welfare Act.  The offering of a tribe name to which the child might belong is sufficient to trigger probable cause that the child is an “Indian Child.”  (In re Marianna J. (2001) 90 Cal.App.4^th 731, 737 [father indicated minor had Cherokee ancestry; there were three federally recognized Cherokee tribes].) The act requires that the Indian child's tribe receive notice of the proceedings if the court knows or has reason to know that an Indian child is involved, and if the identity or location of the tribe cannot be determined, such notice shall be given to the Secretary of the Interior (25 U.S.C. §§ 1912(a), 1903(11).)

The Petition alleges the minor proposed ward has Chumash ancestry. Thus, it appears that notice must be provided to the Indian tribes. The following is recommended:

1. Petitioner should be instructed to complete the Notice of Child Custody Proceeding for Indian Child (ICWA-030);
2. A copy of the Notice, along with the petition for general guardianship and all attachments, must be served by certified or registered mail, fully prepaid with return receipt requested;

• The Notice to an Indian child’s tribe must be sent to the tribal chairperson unless the tribe has designated another agent for service.
• The Notice must be served on all tribes of which the child may be a member or eligible for membership.

1. The original Notice and all return receipts and responses received must then be filed with the court before the hearing.

“If, after a reasonable time following the service of notice under the act – but in no event less than 60 days – no determinative response to the Notice … is received, the court may determine that [ICWA] does not apply to the proceeding ….”  [CRC 7.1015(d).]  Alternatively, the tribe may intervene in the proceedings [CRC 5.482(e)]

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 956 1423

Passcode: 137305