Petition to Remove Guardians; Petition for Appointment of Successor Guardian of the Person
CASE NUMBER: 22PG-0031565 This matter is on calendar for hearing on a Petition to Remove Guardians and Petition for Appointment of Successor Guardian of the Person. The Petitions were filed by the minor’s nonrelative caregiver, Caroline Santo. Letters of Temporary Guardianship were requested but denied pending hearing. The current guardians are Ellen Fulkerson and Norman Turner. This matter is also on calendar for further proceedings on the Annual Review and Order to Show Cause issued to the Guardians for failure to file a Confidential Guardianship Status Report and failure to appear on March 23, 2026.
Petition to Remove Guardians. The Court will dispense with notice to the deceased mother and paternal grandfather. There is no proof of service of the Notice of Hearing and Petition for the minor, guardians, father, maternal grandparents, or paternal grandmother. Insufficient information has been provided to permit the Court to dispense with notice to these parties. All parties may be served by mail.
Petition for Successor Guardian. The minor has consented to the guardianship. The Court will dispense with notice to the deceased mother and paternal grandfather. There is no proof of the Notice of Hearing and Petition for the guardians, father, maternal grandparents, or paternal grandmother. Insufficient information has been provided to permit the Court to dispense with notice. The parents must be personally served in order to move forward on the Petition. Prob. Code § 1511(b). All other parties may be served by mail. Prob. Code § 1511(c). Alternatively, the above parties can sign a consent and waiver of notice (GC-211, section 4), in lieu of being served.
The Indian Child Inquiry Attachment (form ICWA-010(A)) is insufficient, as it indicates the only person contacted was Norman Turner, the minor’s godparent. An inquiry must be completed by asking the child, the child’s parents, and other required and available persons about the child’s Indian status. Petitioner is ORDERED to complete and file an amended ICWA-010(A).
The Court has reviewed the Children’s Services report filed on May 22, 2026, which recommends granting the Petition. This matter is continued to Monday, June 29, 2026, at 8:30 a.m. in Department 42 for further proceedings on the Petitions, Annual Review, and Order to Show Cause. The Temporary Guardianship is ORDERED to remain in effect until the continued hearing date. Petitioner is required to file and serve a new Notice of Hearing for the continued hearing date, along with a copy of the Petition, on the parties identified above.
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In the alternative, if Petitioner cannot serve the parties identified, the Court will require a declaration explaining in detail all efforts of Petitioner to locate and serve them and why they cannot be served, to permit the Court to dispense with notice. Warning: Failure to properly effect service or provide adequate basis to dispense with service as to the necessary parties will result in denial of the Petition. Notice is preserved. No appearance is necessary on today’s calendar.
GUARDIANSHIP OF RIVER MALBECK