Guardianship of Jacob E Robles

Case Number

24PR00309

Case Type

Hearing Date / Time

Tue, 06/04/2024 - 09:00

Nature of Proceedings

Petition to Appoint Temp. Guardian of Person

Tentative Ruling

Probate Notes:

Appearances required.  The following must be submitted:

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 father, 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).

Supplemental Declaration.  The court may grant a petition for a temporary guardian only when good cause is shown. (Prob. Code, § 2250.) Good cause may be found where the minor needs immediate protection from child endangerment or neglect.  Absent exigent circumstances, the Petition will be denied.  The Petition on file with the Court does not contain sufficient facts to constitute good cause.  Petitioner must file a Supplemental Declaration to include facts showing good cause exists.

Adequate ICWA Inquiry.  ICWA inquiry is insufficient.  The form advises Petitioner to provide “The names, relationships to the child named above, addresses, and telephone numbers, of the persons interviewed by Petitioner to collect or confirm the information given below, and the date or dates the interviews took place, [] on one or more separate sheets of paper attached to this form.” (Guardianship Petition—Child Information Attachment, p. 5, para. 8(c).) No such information was reported.

To complete this task, Petitioner must ask the child, if he or she is old enough, and the child’s parents or any other legal guardian, and any Indian custodian, whether the child is or may be an Indian (Native American) child. You may not rely merely on your own knowledge and belief about the child. (Guardianship Petition—Child Information Attachment, p. 1, para. 1(c).) BOTH THE MATERNAL AND PATERNAL SIDES OF THE FAMILY MUST BE INQUIRED OF TO COMPLETE THE REQUIREMENT.