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Tentative Ruling: Guardianship of Bryana Antonet Juarez et al

Case Number

26PR00127

Case Type

Guardianship

Hearing Date / Time

Tue, 03/24/2026 - 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 parents of the minors, 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 substantial harm. (See CRC, Rule 7.1012(b).)  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.  For example, is the proposed guardian having problems obtaining medical care or authorizing educational decisions, etc.?

Adequate ICWA Inquiry.  Inquiry on both sides of the family is required. (CRC, Rule 5.481(a).)  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).)

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