Petition for Appointment of Guardian; Motion to be Relieved as Counsel; Petition for Visitation
CASE NUMBER: 26PG-0033322 Disclosure Re: guardianship cases involving Shasta County Health and Human Services Agency-Judge Wood discloses that her step-daughter, Erinn Watts, is the Administrative Branch Director of the Health and Human Services Agency. In that position, Judge Wood’s step-daughter does not have any involvement in the investigation, management, prosecution or defense of guardianship cases. However, the Court makes this disclosure of an employment relationship between an investigating agency and the Court’s first degree relative as required by California Code of Judicial Ethics.
This matter is on calendar for further proceedings on a 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. Proper proof of service for the last hearing date has been filed for the paternal grandparents. There is no valid proof of service of the Notice of Hearing and Petition for the father and insufficient information has been provided to permit the Court to dispense with notice. The proof of personal service for the father filed on June 22, 2026, indicates service for the June 1, 2026, hearing was untimely. The proof of service for father regarding today’s hearing date, filed on June 1, 2026, is incomplete as to the date and time of service. The father must be personally served at least 15 days before the hearing in order to move forward on the Petition. Prob. Code § 1511.
Justice Petition. The Court notes an order dispensing with notice to the mother and father was filed on June 15, 2026. A new Notice of Hearing has not been filed and served for today’s date. There is no proof of service of the Notice of Hearing and Petition for the maternal grandfather or siblings. Insufficient information has been provided to permit the Court to dispense with notice to these parties. The remaining 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. An amended ICWA-010(A) has been filed which sufficiently addresses the issues raised on June 1, 2026.
This matter is also on calendar for confirmation of counsel and further proceedings on a Motion Declining Appointment and Request to be Relieved as Counsel filed by the Public Defender. A new Notice of Hearing has not been filed and served for today’s date. The Court notes service for
the last hearing was untimely. Despite the untimely service, the Court accepts their declination of representation and appoints private counsel pursuant to Prob. Code § 1470.
Lastly, this matter is on calendar for hearing on a Petition for Visitation filed by Nicole Justice. The matter has been properly noticed with proof of service on file. The Court will consider visitation at the same time as the competing Petitions for Appointment of Guardianship.
The Court has reviewed the Court Investigator’s report filed on May 5, 2026, which recommends setting a contested hearing. The Court intends to move with forward at the next hearing date on all Petitions that have been properly noticed. This matter is continued to Monday, August 10, 2026, at 8:30 a.m. in Department 42 for further proceedings on both Petitions for Appointment of Guardianship, the Petition for Visitation, and confirmation of 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.
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