Child Custody Proceeding For Indian Child

Cal. Form GC-210

California Superior Local Rules

GC-210(CA) Guardianship Petition—Child Information Attachment Fill out a separate copy of this form for each child for whom you want the court to appoint a guardian. Case Number: This form is attached to the Petition, item 2 of form GC-210, or Judicial Council of California www.courts.ca.gov Revised July 1, 2012, Mandatory Form Probate Code, §§ 1449, 1459.5, 1510; Cal.

Rules of Court, rule 7.1015 GC-210(CA), Page 1 of 5 Guardianship of (all children’s names): This child’s name: Tell the court about this child1 Child’s full legal name: Child’s current address: Is this child a member of, or eligible for membership in, one or more Indian tribes recognized by the federal Yes (specify tribe or tribes):No a. c. Date of birth: First Middle Last Month/Day/Year No Yesd. The Petition asks for the appointment of a guardian of this child’s (specify): person estate person and estate Is this child married? married but the marriage was dissolved or ended in divorce?

No Yes (The court cannot appoint a guardian of the person for a minor child who is married or whose marriage was dissolved or ended in divorce.) Never married If you checked “No,” was this child formerly item 8 of form GC-210(P). (1) government? Not sure

(2) No (If you checked “Yes” to item (1), this guardianship case is subject to ICWA. If you checked “Not sure” or “No” to item (1), answer item (2).) Custody Proceeding for Indian Child (form ICWA-030), in addition to service of any other notices required in this case.

For information about what is “reason to know whether the child is or may be an Indian child” and the notice requirement, including who must be served, how to serve them, and how to prove to the court that you have done so, and how to fill out and file the Notice, see the Information Sheet on Indian Child Inquiry Attachments and Notice of Child Custody Proceeding For Indian Child (form ICWA-005-INFO).) Yes Guardianship Petition—Child Information Attachment (Probate—Guardianships and Conservatorships) Do you know or have reason to know (within the meaning of Prob. Code, §§ 1460.2(a), Welf. & Inst.

Code, § 224.3(b), and Cal. Rules of Court, rule 7.1015), whether this child is or may be an Indian child? b. (If the Petition to which this form is attached asks for the appointment of a guardian of this child’s estate only, skip this item 1c, select item a on page 5, and answer the rest of the items in this form. If the Petition asks for the appointment of a guardian of this child’s person or this child’s person and estate, complete the steps described here.

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. If possible, ask these persons before you file your petition, including this form, so you can use the information you receive to answer questions (1) and (2) below.

Answer those questions, item on page 5, and the rest of the items in this form.) 8 (For more information about your duties concerning a child who is or may be an Indian child involved in a guardianship of the person under the Indian Child Welfare Act (“ICWA”) (25 U.S.C. § 1901 et seq.) and California law, including making the inquiry described above and completing this form, see the Information Sheet on Indian Child Inquiry Attachments and Notice of Child Custody Proceeding For Indian Child (form ICWA-005-INFO).) 8 (If you checked “Yes” to either item (1) or (2), you must file and serve a Notice of Child

Case Number:Guardianship of (all children’s names): GC-210(CA), Page 2 of 5Revised July 1, 2012 This child’s name: 2 Father List the names and addresses of this child’s relatives and other persons shown below: Relationship Name Home Address (Street, City, State, Zip) Grandmother (Mother’s mother) Grandmother (Father’s mother) Grandfather (Mother’s father) Grandfather (Father’s father) Mother h. (Check this box if this child has been involved in an adoption, juvenile court, marriage dissolution (divorce), domestic relations, custody, or other similar court case.) Describe the court case below: Type of Case Court District or County and State Case Number (if known) (Check this box if this child is in or on leave from an institution supervised by the California Department of Developmental Services or the California Department of Mental Health.) Write the name of the institution i. here: Tell the court about this child (continued)1 (Check this box and fill out below if the person the child lives with is not the person with legal custody.) g.

Name and address of the person this child lives with (has the care of the child): Is this child receiving public assistance? Unknown (If you checked “Yes,” fill out below.) Yes Type of Aid Monthly Benefit Type of Aid TANF (Temporary Asst. for Needy Families) Social Security Dept. Veterans Affairs Benefits $ Monthly Benefit Other (explain): Other (explain): $ $ $ $ e. f. Name and address of the person with legal custody of this child: No Guardianship Petition—Child Information Attachment (Probate—Guardianships and Conservatorships)

Case Number:Guardianship of (all children’s names): This child’s name: GC-210(CA), Page 3 of 5Revised July 1, 2012 Name (name all proposed guardians if more than one): Information about the proposed guardian: a. Relationship(

s) to the child named in (check all that apply):1 Relative (specify relationships of all proposed guardians to the child): Not a relative (explain interest in or connection to this child ): 3 b.

Person nominated as guardian of this child Spouse (Guardianship of the estate only) (Other than a proposed guardian listed in )3 2 Names and addresses of this child’s relatives and other persons (continued): Relationship Name Home Address (Street, City, State, Zip) (Check here if this child has additional brothers or sisters, including half-brothers and half-sisters, and list their names and addresses on a separate sheet of paper.

Write “Form GC-210(CA),” the name of this child, and “Item 2:—Other Siblings” at the top of the paper and attach it to this form.) Brother/Sister Brother/Sister Brother/Sister Brother/Sister Brother/Sister Brother/Sister Brother/Sister Guardianship Petition—Child Information Attachment (Probate—Guardianships and Conservatorships)

Case Number:Guardianship of (all children’s names): This child’s name: GC-210(CA), Page 4 of 5Revised July 1, 2012 6 Suitability for guardianship of this child Does this child live with the person in now? If the court approves the guardianship, will this child live with the person in ?

Does the person in plan to adopt this child now? a. b. c. 3 3 3 Yes Yes Yes No No No Your relationship to this child: Relative (specify): Not a relative (explain your interest in or connection to this child): 7 Check this box if you (the petitioner) are not the person in , and fill in below.3 5 Do one or both of this child’s parents agree that the person in can be the child’s guardian? 3 (You may file a filled-out Consent to Appointment of Guardian and Waiver of Notice (form GC-211, item 4) signed by the child’s parent or parents (or any adult relative listed in ) who agree.

The court may excuse you from having to give notice of the court hearing on your request for appointment of a guardian to a parent or other relative who signs that form.) Yes No a. Father: b. Mother: Yes No Not known at this time. 2 Not known at this time. 4 Explain why appointing the person in guardian would be best for this child:3 (Check here if you need more space. Continue your explanation on a separate sheet of paper.

Write “Form GC-210(CA),” the name of this child, and “Attachment 4:—Best Interest of Child” at the top of the paper and attach it to this form.) Guardianship Petition—Child Information Attachment (Probate—Guardianships and Conservatorships)

The child or the child’s family has received services or benefits from a tribe or services that are available to Indians from tribes or the federal government, such as the Indian Health Service or Tribal Temporary Assistance to Needy Families (TANF). The child is or may be a member of or eligible for membership in a tribe. The child’s parents, grandparents, or great-grandparents are or were members of a tribe or tribes. The residence or domicile of the child, the child’s parents, or the child’s Indian custodian is in a predominantly Indian community.

An Indian child inquiry concerning the child named above: has been made and the following information was obtained (check all that apply): a. (3)

(4) The child may have Indian ancestry. The child has no known Indian ancestry.

Other reason or reasons to know the child is or may be an Indian child: Tribe or tribes: Band (if applicable): GC-210(CA), Page 5 of 5Guardianship Petition—Child Information Attachment (Probate—Guardianships and Conservatorships) Revised July 1, 2012 Case Number:Guardianship of (all children’s names): This child’s name: 8 is not required; this is a guardianship of the estate only. (If you check this box, skip the rest of item . .) has not been made or completed for the following reasons (check all that apply): Petitioner knows the child is an Indian child and has identified the child’s tribe or tribes in item .

Petitioner (or the proposed guardian if he or she is not the petitioner) is the child’s Indian custodian. 1 Petitioner has been unable to communicate with the child’s parents, other legal guardian, or Indian (Check here if you need more space. Continue your explanation on a separate sheet of paper. Write “Form GC-210(CA),” the name of this child, and “Attachment 8b(3):—Indian Child Inquiry” at the top of the paper and attach it to this form.) c.

(2) Tribe or tribes: Band (if applicable): (5) (6) (7) (8)

(1) 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, are provided on one or more separate sheets of paper attached to this form. (Write “Form GC-210(CA),” the name of this child, and “Attachment 8c(1):—Indian Child Inquiry” at the top of each page of paper you attach to this form to complete this item.) (1) (2) (3) custodian for the following reasons and despite the following efforts to do so (describe): b. 8 Except as otherwise stated in this form, the statements made in the Petition to which this form is attached fully apply to this child. 9

Document details

Collection	California Superior Local Rules
Citation	Cal. Form GC-210
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	63514c2c6ef3faf540973de4e82ebfd4b548085e

Source file is stored in the law ingest library (pdf).