Guardianship of X.M. CA1/5

Filed 9/14/23 Guardianship of X.M. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

Guardianship of X.M. et al., Minors.

BABYLISA T., Petitioner and Appellant, A166225 v. JASON M., (Humboldt County Objector and Respondent. Super. Ct. No. PR2200036)

This is an appeal from an order denying the petition for guardianship filed by petitioner Babylisa T., the maternal grandmother of three young minors, against their father, objector Jason M. The minors are X.M. (a boy), R.M. (a boy), and E.M (a girl). Babylisa T. (maternal grandmother), proceeding in propria persona, sought this guardianship based on allegations that Jason M. (father) was abusing the minors and failing to attend to their basic needs, including their dental care. The trial court denied her petition after finding no evidence to support these allegations. On appeal, father chose not to file a respondent’s brief. Nonetheless, we agree with the trial court’s findings and order, and therefore affirm. While very serious allegations have been raised, the appellate record contains no clear and convincing evidence of abuse, mistreatment or neglect that

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would warrant removing the minors from father’s custody and awarding guardianship to maternal grandmother. FACTUAL AND PROCEDURAL BACKGROUND The record on appeal consists of: (1) the notice of appeal, filed September 12, 2022, attaching the findings and order after hearing, entered nunc pro tunc as of August 1, 2022; (2) appellant’s notice designating record on appeal, filed October 5, 2022; and (3) the hearing transcript dated August 1, 2022. From this abbreviated record, we glean the following facts. On June 10, 2022, following a hearing at which father was not present, the court issued an order appointing maternal grandmother temporary guardian of the minors. The minors’ respective ages are unclear; however, it appears the two boys, X.M. and R.M., have special needs. On February 10, 2022, maternal grandmother filed a petition to be appointed guardian of the minors (petition). A contested hearing was held on August 1, 2022, at which maternal grandmother and father testified. According to maternal grandmother’s testimony, the minors became “distraught, emotionally, mentally and physically,” in father’s presence. Just before the hearing, maternal grandmother saw father “pulling at the arms of [E.M.] and [R.M.], trying to force them to come to him, and they were not willing to do that at that time, very afraid, with their hands over their eyes. There were several marks that I noticed on the children’s bodies when I got them, welts and keloids . . . .” Maternal grandmother also referenced “the court investigator’s report from Changing Tides,” which was one of the family’s service providers. The court, however, sustained a hearsay objection raised by father’s attorney, who complained that he never received a copy of this report. The court explained to maternal grandmother that she could testify as to her personal