Guardianship of Danny G. Garcia Jr.

Case Number

25PR00049

Case Type

Hearing Date / Time

Mon, 04/14/2025 - 08:30

Nature of Proceedings

Petition to Appoint Guardian of Person

Tentative Ruling

Probate Notes:

Appearances required.  The following must be submitted:

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 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).

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).)