May 23, 2017

TENTATIVE RULINGS -

Guardianship Calendar

  Wednesday,  May 17, 2017 at 9:00 a.m.

The Honorable Shelly J. Averill, Courtroom 23, 3055 Cleveland Avenue, Santa Rosa CA 95403

The following tentative rulings will become the ruling of the Court unless a party desires to be heard. Any interested person who wishes to be heard in opposition to a tentative ruling or petition must notify the Judicial Assistant at (707) 521-6723 and all other interested parties or their respective attorneys of their intent to appear. The notification must be completed no later than 4:00 p.m. on the day before the hearing. If the tentative ruling is accepted, no appearance is necessary unless otherwise indicated.  

 

GUARDIANSHIP TENTATIVE RULINGS

DEPARTMENT 23

JUDGE SHELLY J. AVERILL

May 17, 2017

 

1.      SPR 79030-GDN of Kylie C: Appearance is required as Petition for Termination does not indicate any transition plan for Kylie’s care upon termination of the Guardianship.

 

2.      SPR 82570-GDN of Ailah L:  Request to Terminate the Guardianship is DENIED.  This Guardianship has been in place since 2010.  Pursuant to Family Code §3041(c) detriment to a child includes the harm of removal from a stable placement.  In the Guardianship of Vaughn (2012) 207 CA4th 1055, 1071, the court found that placement with the guardians for 15 months was considered a “substantial period of time.”  This child has been with her guardian/grandmother for more than 7 years and the Court finds that it would be detrimental to be removed from that stable placement.

 

3.      SPR 87974-GDN of Aniya & Ayva D: Request for Visitation is DENIED.  The child’s therapist does not believe that it is currently in the best interest of the children for visitation to occur.  Mother’s petition indicates that she does not believe the children have experienced any trauma which is contrary to the opinion of the therapist.

 

4.      SPR 88524-GDN of Chandler FS:  The Termination of Guardianship is GRANTED.  The child is residing in appropriate placement through the Juvenile Dependency proceeding.

 

5.      SPR 88656-GDN or Michael, Joseph, Andrew & Jerimiah P:  The request for Termination of Guardianship is DENIED.  The children have been residing with the guardians since January, 2015.  Mother has not established that it would be in the best interest of the minors to remove them from their permanent, safe, stable and loving environment per Probate Code §1610(a).  Mother’s request for termination seems to be in direct response to the Guardians request to fix residence.  It would be detrimental to remove the children from their stable placement.

 

6.      SPR 88656-GDN or Michael, Joseph, Andrew & Jerimiah P:  The request to Fix Residence of the minors in Idaho is GRANTED.

 

 

7.      SPR 089720-GDN of Jenoveva I:  Appearance is required to review the visitation schedule.

 

8.      SPR 090166-GDN of Traydan T:  Appearance is required.  Proposed guardian to bring any document or safety plan provided by CPS advising her to seek guardianship.

 

9.      SRP 090212-GDN of Kevin F:  Appointment of Guardian and Special Immigration Juvenile Findings are both GRANTED.  All proposed special findings as to the SIJF are made and adopted by the Court. 

 

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