In a prior guardianship post, I discussed the instances in which a temporary guardianship may be appropriate.
The court may grant a petition for a temporary guardian only when good cause is shown. Prob Code section 2250(b). Good cause may be found in the following instances:
1. The minor needs immediate medical treatment because of illness or accident, or must be enrolled in school; both parents are dead, absent, incarcerated or incapacitated; and a relative caregiver’s affidavit under Family Code section 6550 is not an option.
2. The minor needs immediate protection from child endangerment (i.e. parental drug or alcohol abuse or physical or mental abuse of the child) or neglect (i.e. leaving a younger child unsupervised or failing to provide a safe environment and adequate nourishment).
3. The minor’s custodial parent is also a minor who has been placed in juvenile hall or another detention facility that has no facilities for care of the child and someone must be given authority to care for the child during the parent’s detention; or
4. A minor whose home state is not California, while visiting relatives in California, reports abuse in the home state and fear of returning home. A California court may issue a temporary guardianship to provide temporary protection for the minor even though the court lacks jurisdiction under UCCJEA. During the temporary guardianship, there would be time to:
A. Advise the child protective service agency in the minor’s home state about the allegations;
B. Notify any court already having taken jurisdiction in the minor’s home state of the allegations; or
C. Initiate guardianship proceedings in the minor’s home state.
If you have an Orange County guardianship issue and would like more information, contact an Orange County guardianship lawyer for assistance.