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Tentative Ruling
Judge Jed Beebe
Department 4 SM-Cook
312-C East Cook Street P.O. Box 5369 Santa Maria, CA 93456-5369


Guardianship of Nevaeh Simas

Case No: 18PR000030
Hearing Date: Mon Mar 12, 2018 8:30

Nature of Proceedings: Petition to Appoint guardian of the Person

Appearances required. The following must be submitted:


1) INDIAN CHILD WELFARE ACT INQUIRY - 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).) The only such information reported was inquiry on the paternal side of the family.


Note: Knowing minor’s mother and presuming she has no Indian ancestry is not the same as expressly inquiring of mother whether she knows she has Indian ancestry. Further investigation is required. To complete this task, Petitioner must ask the child, if he or she is old enough, and 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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