CHILDREN AND THE LAW
...Dependency Petitions
......Selection & Implement. Hrg.
.........Guardianship
............Case Law
15 Cards On This Topic:

Trial court was not required to make detriment finding because F, a mere biological father, was not a "parent" under W&IC §366.26(c)(4)(C) and not presumptively entitled to visits during guardianship.

Relative's preference for legal guardianship over adoption is a sufficient circumstance to apply relative caregiver exception as long as that preference is not due to an unwillingness to accept legal or financial responsibility for C.

Harmless error to decline to revisit issue of whether mother should receive reunification services after C's legal guardianship terminated and dependency proceedings were reinstated to establish new guardianship.

Dependency court erred in denying F rights under W&IC 366.3 to participate in guardianship proceedings, be considered as C's guardian, and be eligible for reunification services.

Because of strong bond between C and foster father and foster father's specialized ability and history of providing for C's medical needs, juvenile ct. did not abuse its discretion in appointing him as guardian despite his plan to move to Ohio.

Guardianship as permanent plan must be terminated when custody changes to new party under permanent plan of long-term foster care; two long-term permanent plans may not coexist.

Trial court applied wrong burden of proof in guardianship termination and imputed too much significance to F’s acquittal in criminal trial.

No finding of parental unfitness required in non-dependency proceeding for appointment of legal guardian. DP safeguards termination of parental rights absent showing of unfitness, but custody after F vetoed adoption is for separate decision.

Though nothing indicated F served notice of entry or file-stamped copy of orders, his notice of appeal filed 59 days after orders filed, making appeal timely.

To terminate a Probate Code guardianship, parent must make showing of overall fitness sufficient to overcome inherent trauma of removing child from successful caregiver.

Permanent plans other than adoption should only be considered if adoption not possible, there are countervailing circumstances or adoption not in child’s best interests.

Guardianship order reversed because social study report statutorily deficient.

Referee at permanency planning hearing may order initiation of guardianship proceedings absent stipulation that s/he could act as temporary judge.

Once court determines that adoption feasible, the less desirable and less permanent alternatives of guardianship and long term foster care need not be pursued; guardianship not irrevocable.

Guardianship discussed.