Woodhead v. Children's Agency

KOFORD, P. J. Appellant, Sarah Jane Woodhead, signed and filed a petition in the probate court asking to be appointed guardian of the person of Frances Hann, a minor, alleging that the said minor was an orphan of the age of sixteen years, in the custody of the Associated Charities of San Francisco. The Children’s Agency of the Associated Charities filed an opposition to the said petition alleging that the said minor’s father deserted her in 1916 and that his whereabouts -has since been unknown, that her mother died in 1923, and further alleged as follows:

“That the aforesaid Sarah Jane Woodhead is in no way related to the said minor, has only seen her a few times, does not know her well and is not well qualified to act as her guardian nor is she able to give the kind of home surroundings that the said minor at present needs. ’ ’

“That on the 23d day of July, 1916, the said minor, Frances Hann, was committed to the care of her mother, and that on the 12th day of April, 1927 (1917), the said minor was again committed to the Children’s Agency, a department of the Associated Charities of San Francisco, a corporation, both of said commitments having been duly signed and entered by the above entitled court, sitting in Department 2, Juvenile, thereof.”

“That ever since the 12th day of April, 1917, the said minor has been under the care, custody and control of said Children’s Agency and boarded in various foster homes in San Francisco, and that she is at present under the care and control of a competent foster mother selected by the said Children’s Agency and whose home is directly under the supervision and control thereof.”

“That the character of the said minor is such as to require the careful supervision of a social agency and her upbringing in a proper foster home selected thereby.”

The opposition concluded with the prayer that the petition be denied and that in case the court should decide that any guardian was desirable that Catherine Moriarty, a [745]social worker and employee of the said Children’s Agency, be appointed.

On the last day of the hearing of the matter, December 3, 1928, a minute order of the court was made denying the petition for letters of guardianship and sustaining the objections thereto. On the same day there was filed a document dated November 3d, signed by the minor nominating and requesting the court to appoint said petitioner. Petitioner thereafter filed a notice of intention to move for a new trial giving notice that she would on December 14th move to set aside the decision of the court and for a new trial. A minute order of the court was made on December 18th, reading, “Motion for a new trial denied.” On December 26th, petitioner filed a notice of appeal “from the order of the court made herein denying the motion of the petitioner to set aside the decree of the court therein rendered on the 18th day of December, 1928, denying the petitioner’s motion for a new trial and to open up said cause for further hearing, the court thereby ordering petitioner’s motion dismissed and the said order (to) which petitioner’s counsel excepted. The petitioner does hereby appeal from said order and judgment and the whole thereof.”