Petition for Appointment of Guardian of the Persons; Confirmation of counsel
CASE NUMBER: 26PG-0033207 This matter is on calendar for further proceedings on a Petition for Appointment of Guardian of the Persons filed by the minors’ non-relative caregivers Aaron and Jessica Souza. Letters of Temporary Guardianship issued on January 12, 2026. The Court ORDERS the Temporary Guardianship to remain in effect until further order of the Court, pursuant to the Children’s Services safety plan.
The Court previously determined the matter has been properly noticed. ICWA notification has been properly given and a request to intervene was received from the Mechoopda Indian Tribe. The Tribe filed an objection stating that family placement with paternal aunt, Jenny Adkins, is available and requests placement consistent with ICWA. Jenny Adkins has filed an objection. The mother filed an objection; however, the mother and father subsequently filed a nomination of the Souza’s as guardians and a declaration in support of their petition.
The Court previously noted that the minors’ great aunt, Jenny Adkins, also filed a Petition for Appointment of Guardian of the Persons. A Notice of Hearing has still not been file and served to bring the matter properly before the Court. Letters of Temporary Guardianship were requested but denied following a hearing where the Court heard from the Tribe, the Temporary Guardians, Ms. Adkins and both parents. The Court found good cause to keep the temporary orders in place despite ICWA preference based upon a totality of the circumstances.
The parents, including father who is a tribal member, both nominate Aaron and Jessica Souza who have helped raise both minors since birth. The Souzas have been the primary caregivers of the minors for seven months and due to the minors young age the Court found it would be detrimental to the minors to once again remove them from their home and known caregivers pending the hearing on the Petitions for Guardianship. Both Children’s Services and the Tribe worked together and initially agreed that placement with the Souzas was in the minors best interest.
All parties agreed at the time of hearing that the minors do not have any pre-existing relationship with Ms. Adkins. The Court concluded it continues to be in the best interest of the minors to keep the temporary orders in place pending the hearing on the Petitions and presentation of testimony from an Indian expert. However, that hearing cannot occur until the Petitions have been fully noticed and served.
This matter is also on calendar for confirmation of counsel. Jennifer Tescher has been appointed as counsel for the mother. Melissa Fanoe has been appointed as counsel for the father. Both Attorneys Tescher and Fanoe have confirmed their appointment. At the last hearing, Attorney Kristin Anderson was appointed as counsel for the minors.
The Court previously made a referral to Children’s Services. A report from Children’s Services has not been received. The Tribe previously filed applications to commence juvenile court proceedings on June 23, 2026. Children’s Services has three weeks from the date of the referral to commence juvenile dependency proceedings. Prob. Code § 1513.
The matter is continued to Monday, July 20, 2026, at 8:30 a.m. in Department 42 for further proceedings on the Petition for Appointment of Guardian of the Persons and confirmation of counsel. No appearance is necessary on today’s calendar.
GUARDIANSHIP OF STRENGTH DELEON
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