HomeMy WebLinkAboutMINUTES - 04261988 - 1.61 O: I BOARD OF SUPERVISORS
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FROM: Gerald S. Buck, County Probation Officer Contra
40 Costa
DATE: April 26 , 1988 County
SUBJECT: Juvenile Guardianship Investigations
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
That the Probation Department be designated by the Board of
Supervisors to investigate guardianships for the Superior Court
pursuant to the requirements of Sections 1516 and 1542 of the
California Probate Code which became effective January 1 , 1988 .
FINANCIAL IMPACT
None.
REASONS FOR RECOMMENDATION/BACKGROUND
In 1977 the Probation Officer was designated as the Court' s
investigative arm for civil probate guardianships and conserva-
torships. Funding for these services has come from Revenue and
Taxation Code Section 2231 (SB 90) .
Prior to January 1 , 1988 , petitioners for guardianship of a minor
were required to provide advance notification to the State
Director of Social Services in all cases. Local public social
services agencies providing child protective services were
required to screen the name of the proposed guardian for prior
referrals of neglect or abuse of minors.
Statutes of 1987 enacted AB 1937 (Chapter 229) which became
effective January 1, 1988 . Sections 1516 and 1542 of the Probate
Code were thus amended. Current law requires persons petitioning
for guardianship to mail notice and a copy of their petition, at
least 15 days prior to the hearing, to the local agency desig-
nated by the Board of Supervisors to investigate guardianships.
The Superior Court of Contra Costa County has directed the
Probation Officer to seek designation of the Probation Department
as its investigative body since this Department is presently
conducting such investigations when petitions are contested.
Section 1542 now requires notice be sent to the State Department
of Social .Services (SDSS) only when the petition for guardianship
is on behalf of a non-relative. SDSS will only become involved
in a non-relative petition when there is a petition for adoption
pending.
CONTINUED ON ATTACHMENT:X YES SIGNATURE,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON ArK Z b IMU APPROVED AS RECOMMENDED A OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) i HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: County Probation Officer ATTESTED APR 2 6 1988
County Administrator Phil Batchelor,CreA of the Board of
Judge Spell berg Supervisors and County Administrafoor `--
M982/7-88 BY DEPUTY
-2-
The Court has further requested the Probation Department to
commence conducting investigations on all petitions for guardian-
ship involving minors. Since this would required additional
funding and staff, this has not occurred. SB 90 funding of these
functions would cease at such time as the County may elect to
participate in the Trial Court Funding Act. Therefore, the
future funding of these services is uncertain at this time.
Pending such decision, the Court is compelled to comply with the
law which requires designation of the local agency responsible
for guardianship investigations. For these reasons the above
recommendation is made. If future decisions on funding for these
services changes the agency responsible, this designation can be
changed.
Attachment