In re Guardianship of Robert S. v. Sandra D.

Full title: Guardianship of ROBERT S. et al., Minors SHERRI M., Petitioner and…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

Date published: Jun 30, 2011

F060073 (Cal. Ct. App. Jun. 30, 2011)

Opinion

F060073 F060208

06-30-2011

Guardianship of ROBERT S. et al., Minors SHERRI M., Petitioner and Respondent, v. SANDRA D., Objector and Appellant. Guardianship of ROBERT S. et al., Minors SHERRI M., Petitioner and Respondent, v. GILBERT D., Objector and Appellant.

DETJEN

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

ORDER MODIFYING OPINION AND DENYING REHEARING

(Super. Ct. No. P26210)

Merced County

THE COURT:

It is ordered that the opinion filed herein on June 2, 2011, be modified in the following particulars:

1. On page 42, the title "X. Relief requested." is deleted and the following title inserted in its place:

X. Relief.

2. On pages 42-44, the fourth paragraph beginning "While father asks" and the remainder of the opinion are deleted and the following paragraphs are inserted in their place:

The proceedings here were fraught with error throughout and were irreversibly flawed. The most critical error was the failure to comply with section 1513, subdivision (c) and order the referral to the appropriate county agency to take such action as was required by Welfare and Institutions Code sections 328 and 329. This error affected the entire proceeding. It deprived the parents of the opportunity to gain custody of their children through dependency proceedings and deprived them of all the attendant safeguards in those proceedings not available in guardianship proceedings. It allowed the guardianship proceeding to move forward without providing the parents an adequate opportunity to regain custody of their children.
A guardianship order entered without the required referral contained in section 1513, subdivision (c) is invalid. (In re Guardianship of Christian G., supra, 195 Cal.App.4th at p. 607.) The order granting permanent guardianship must be vacated and the letters of guardianship revoked. The required referral to the appropriate county agency must be made before any further disposition of the guardianship petition. The order of temporary guardianship shall remain in force pending further proceedings.


DISPOSITION
The order appointing Sherri M. as permanent guardian for Robert S. and Thomas D. is reversed and the letters of guardianship are ordered revoked. The case is remanded for compliance with section 1513, subdivision (c) and all other applicable laws, as set forth in this opinion.

Appellants petition for rehearing is denied.

DETJEN, J. WE CONCUR: HILL, P.J. WISEMAN, J.