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Tentative Ruling
Judge Timothy Staffel
Department 1 SM-Cook
312-C East Cook Street P.O. Box 5369 Santa Maria, CA 93456-5369

GUARDIANSHIP

Guardianship of Nathan Vorlob Hamby, et al.

Case No: 17PR00436
Hearing Date: Wed Dec 13, 2017 8:30

Nature of Proceedings: Petition to Appoint Guardian of the Person

1) A supplement to the Guardian Confidential Screening Form (Form GC-212) that answers question number 13.  That question was left blank.

 

2) Proof of timely personal service of the notice of hearing and a copy of the petition (Prob. Code, § 1511) on Jessica M. Hamby and Nathan Vorlob Hamby OR Consent to Appointment of Guardian and Waiver of Notice (Judicial Council form GC-211) OR adequately supported request to dispense with notice (CRC 7.52; see Local Court form SC-6014).

 

NOTE: The Declaration of Due Diligence as to Jessica M. Hamby is incomplete. Each listed effort to locate Ms. Hamby must be employed, and a thorough record of the effort must be notated.

 

3) Proof of timely mailed service of the notice of hearing and a copy of the petition (Prob. Code, § 1511) on Kevin Hamby and Paternal Grandparents of Hamby minors OR Consent to Appointment of Guardian and Waiver of Notice (Judicial Council form GC-211) OR adequately supported request to dispense with notice (CRC 7.52; see Local Court form SC-6014).

 

4) Indian Child Welfare Act Inquiry (Form ICWA -010(a)) The form advises Petitioner to provide “The names, relationships to the child named above, addresses, and telephone numbers, of the persons interviewed by Petitioner to collect or confirm the information given below, and the date or dates the interviews took place, [] on one or more separate sheets of paper attached to this form.” (Guardianship Petition—Child Information Attachment, p. 5, para. 8(c).) No such information was reported.

 

To complete this task, Petitioner must ask the child, if he or she is old enough, and BOTH the child’s parents or any other legal guardian, and any Indian custodian, whether the child is or may be an Indian (Native American) child. You may not rely merely on your own knowledge and belief about the child. (Guardianship Petition—Child Information Attachment, p. 1, para. 1(c).) The responses must be submitted to the court in proper format.

 
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