Petition for Appointment of Guardian of the Person
CASE NUMBER: 26PG-0033322 This matter is on calendar for hearing on a competing Petition for Appointment of Guardian of the Person filed by the minor’s maternal grandparents, Jose and Norma Rodriguez and for further proceedings on a Petition for Appointment of Guardian of the Person filed by the minor’s paternal grandmother, Nicole Justice. Letters of Temporary Guardianship issued to Jose and Norma Rodriguez on April 27, 2026, and are set to expire today unless further extended.
Rodriguez Petition. The mother and maternal grandparents/Petitioners have consented to the guardianship and waived notice. The Court will find the siblings to have notice as they are under the age of 12 and are currently in the custody of Petitioners. There is no proof of service of the Notice of Hearing and Petition for the father, or paternal grandparents. Insufficient information has been provided to permit the Court to dispense with notice to these parties. The father 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). For siblings under 12 years of age, service can be on the parent or guardian with whom the sibling resides. Prob. Code § 1460.1. Alternatively, the above parties can sign a consent and waiver of notice (GC-211, section 4), in lieu of being served.
Justice Petition. A new Notice of Hearing was filed and served for today’s date; however, the proof of service filed on May 22, 2026, fails to state a copy of the Petition was served under item 5. Additionally, the proof of service indicates the parents were served by mail. There is no valid proof of service of the Notice of Hearing and Petition for the mother, father, maternal grandfather, or siblings. 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.
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Alternatively, the above parties can sign a consent and waiver of notice (GC-211, section 4), in lieu of being served. An amended Confidential Guardian Screening Form has been filed which sufficiently addresses the issues raised on May 11, 2026. An amended ICWA-010(A) has not been filed. 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 again ORDERED to complete and file an amended ICWA-010(A).
This matter is also on calendar for confirmation of counsel and for hearing on a Motion Declining Appointment and Request to be Relieved as Counsel filed by the Public Defender. The matter has not been properly noticed. The proof of service filed on May 26, 2027, indicates service was untimely. The Public Defender is required to timely file and serve a new Notice of Hearing for the continued hearing date, along with a copy of the Motion, on all parties entitled to notice.
The Court has reviewed the Court Investigator’s report filed on May 5, 2026, which recommends setting a contested hearing. This matter is continued to Monday, June 29, 2026, at 8:30 a.m. in Department 42 for further proceedings on both Petitions, confirmation of counsel, and the Motion Declining Appointment and Request to be Relieved as Counsel. The Temporary Guardianship is ORDERED to remain in effect until the continued hearing date. Each 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.
In the alternative, if Petitioners cannot serve the parties identified, the Court will require a declaration explaining in detail all efforts of Petitioners 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 Petitions. Notice is preserved. No appearance is necessary on today’s calendar.
GUARDIANSHIP OF MICHAEL MCMULLEN JR.