McEuen v. Los Angeles County Bureau of Adoptions

ASHBURN, J.

Appeal from order revoking letters of guardianship of the person of [No Name] Guidry, a minor, rendered under section 1580, subdivision (8) of the Probate Code upon the ground that said guardianship is no longer necessary.

The minor child, born September 9, 1958, was in the home of Raymond Elbert McEuen and Anna Lee McEuen, husband and wife, appellants herein, from September 10, 1958, to February 29, 1960. On or about October 8, 1958, appellants filed a petition for the adoption of said child. Thereafter, on February 27, 1959, with the written consent of the child’s natural mother, appellants filed their petition for appointment of guardian. On June 15, 1959, an order was made appointing Mr. and Mrs. McEuen guardians of the person of [No Name] Guidry, and on June 16 Letters of Guardianship issued.

The father of said minor, on April 27, 1959, signed a “Relinquishment (Parent Outside California in Armed Forces) ” of the said minor child to the Los Angeles County Bureau of Adoptions. And on June 1, 1959, the mother of said minor signed a “Relinquishment (Out of County—Joint Custody) ” of said child to the said Bureau of Adoptions.

On February 29, 1960, the court in the adoption matter denied appellants’ petition for adoption and, pursuant to that court’s order, the care, custody and control of the said minor was delivered forthwith to the Los Angeles County Bureau of Adoptions and the child has since remained in the care and custody of said bureau.

On September 13, 1960, the Bureau of Adoptions filed herein its petition for revocation of letters of guardianship upon the sole ground that, pursuant to Probate Code section 1580, subdivision (8) “It is no longer necessary that the ward should be under guardianship.” On November 7, 1960, the court entered its order revoking said letters of guardianship and the appeal is from this order.

The conclusion of the trial court that “It is no longer necessary nor convenient that the ward should be under guardianship” is based upon these findings: (I) the relinquishment to the bureau signed by the mother; (II) the relinquishment

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to the bureau signed by the father; (III) “That the petition of Raymond Elbert McEuen and Anna Lee McEuen for the adoption of the said Minor was denied by the above-entitled Court on February 29, 1960, for the reason that it was not in the best interests of the Minor that the Minor remain in the home of the said Petitioners”; (IV) that the said minor, pursuant to court order, was delivered into the care and custody of the Los Angeles County Bureau of Adoptions on February 29, 1960; and (V) that said bureau has provided all necessary care and support for the said minor in a foster home from said date to the present time.