In re S.R.B. CA2/6

Filed 5/26/22 In re S.R.B. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re S.R.B., a Minor. 2d Juv. No. B316851 (Super. Ct. No. T000158) (Ventura County)

M.S. et al.,

Petitioners and Respondents,

v.

S.B.,

Objector and Appellant.

Probate Code section 1516.51 sets out the procedures guardians of a child must follow to have the child released from the custody and control of the child’s parents. 2

All statutory references are to the Probate Code unless 1

otherwise stated. 2 “Section 1516.5 reads,

S.B. (Father) appeals an order of the superior court granting a petition by M.S. and D.S. (Petitioners) to declare his minor child S.R.B. freed from his custody and control under Probate Code section 1516.5. Father contends the court erred by

“(a) A proceeding to have a child declared free from the custody and control of one or both parents may be brought in accordance with the procedures specified in Part 4 (commencing with Section 7800) of Division 12 of the Family Code within an existing guardianship proceeding, in an adoption action, or in a separate action filed for that purpose, if all of the following requirements are satisfied: “(1) One or both parents do not have the legal custody of the child. “(2) The child has been in the physical custody of the guardian for a period of not less than two years. “(3) The court finds that the child would benefit from being adopted by his or her guardian. In making this determination, the court shall consider all factors relating to the best interest of the child, including, but not limited to, the nature and extent of the relationship between all of the following: “(A) The child and the birth parent. “(B) The child and the guardian, including family members of the guardian. “(C) The child and any siblings or half siblings. “(b) The court shall appoint a court investigator or other qualified professional to investigate all factors enumerated in subdivision (a). The findings of the investigator or professional regarding those issues shall be included in the written report required pursuant to Section 7851 of the Family Code. “(c) The rights of the parent, including the rights to notice and counsel provided in Part 4 (commencing with Section 7800) of Division 12 of the Family Code, shall apply to actions brought pursuant to this section. “(d) This section does not apply to any child who is a dependent of the juvenile court or to any Indian child.”