Petition for Appointment of Guardian of the Person
CASE NUMBER: 26PG-0033402 This matter is on calendar for hearing on a Petition for Appointment of Guardian of the Person. The Petition was filed by the minor’s aunt, Tera Hughes. Letters of Temporary Guardianship issued on May 22, 2026, and are set to expire today unless further extended. The Court notes Letters of Temporary Guardianship also issued on June 15, 2026, naming Deborah Duccini as co-guardian.
There is no proof of service of the Notice of Hearing and Petition for the mother, father, maternal grandparents, or paternal grandparents. The mother filed an objection, therefore the Court will find she has notice of the proceedings. Insufficient information has been provided to permit the Court to dispense with notice to these parties. The temporary co-guardian and 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). Alternatively, the above parties can sign a consent and waiver of notice (GC-211, section 4), in lieu of being served.
The Declaration Under Child Custody Jurisdiction and Enforcement Act (FL-105/GC-120) is incomplete as to the minor’s residence history for the past five years. An amended FL-105/GC-120 is required to be filed. Additionally, the Petition’s Indian Child Inquiry Attachment (form ICWA-010(A)) is incomplete, as it does not indicate a sufficient inquiry has been made regarding the minor’s status as an Indian child. 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 Court Investigator’s report filed on June 25, 2026, which recommends granting the Petition for co-guardians. The court notes that there was no joint petition to be appointed coguardians, and the ability of the two co-guardians to act jointly is questionable.
The Court will inquire whether the child is or may be an Indian child. If Petitioner has reason to know that the child is an Indian child, they must make further inquiry to learn about the child’s Indian heritage.
The Court notes a Petition for co-guardianship was filed by Ms. Duccini and is currently set for hearing on July 20, 2026, to which Ms. Hughes has objected. Considering the mother’s objection and Ms. Hughes’ objection to the co-guardianship, the Court will appoint private counsel for the minor pursuant to
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This matter is continued to Monday, July 20, 2026, at 8:30 a.m. in Department 42 for confirmation of counsel, and to address the temporary guardianship. The Temporary Guardianship is ORDERED to remain in effect until the continued hearing date. The matter is set for Monday, August 17, 2026, at 8:30 a.m. in Department 42 for further proceedings on the Petition. 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 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 ZELEYANA RAY SIMS