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Guardianship Investigations

For general guardianship information, see www.tulare.courts.ca.gov/divisions/probate 

Once your petition for guardianship and related guardianship documents are filed with the Court, you or your attorney will provide a copy of your filed documents to Family Court Services, Room 204, at the Visalia Courthouse; or provide a set to the counter clerks at the South County Justice Center, which will be routed to Family Court Services. A copy of any subsequently filed documents should be provided to Family Court Services.

GUARDIANSHIP INVESTIGATION PROCESS: 

Once the Court has ordered Family Court Services (FCS) to conduct a RELATIVE guardianship investigation {see Probate Code Section 1513(g)}, your case will be assigned to a Court Investigator. The Court Investigator will be contacting the petitioners and the children to conduct interviews and to write a report and recommendation to the Court regarding whether it is in the child/ren’s best interest for the guardianship to be granted, whether it is necessary or convenient, and whether you are a suitable guardian/s. If you have a change in contact information, it is mandatory that you notify Family Court Services staff at (559) 730-5000, Option 6 with this updated information. You will be directed to contact the Self-Help Resource Center or your attorney to file the necessary change of contact information with the Court, and to provide FCS with a copy. If FCS staff are not able to reach you to conduct the interviews, this will delay your court process.

When the Court Investigator contacts you (the petitioner/s), the Court Investigator will ask you questions regarding the legal parents of the child/ren, and about you and your household members so that an inquiry may be made to obtain any Child Welfare Services involvement with the family. This is why the accurate and detailed information is necessary in the mandatory local form, Guardianship Questionnaire (PRO-004). If this information is incomplete, this may also delay your court process. In addition, the Court Investigators check local court records on the parties in the case and provide a summary of this information to the Court in a confidential report to the Court.

The Court Investigator will also obtain a CLETS criminal background check on each legal parent and summarize this information in a confidential report to the Court.

In addition, the Court Investigator will inquire into the status of the completion of the Mandatory Online Guardianship Orientation video by EACH petitioner (proposed Guardian) and the completion and filing of the mandatory Declaration of Completion of Online Orientation.

After the Declaration of Completion of Guardianship Orientation is filed with the Court, the parties shall obtain the Live Scan Fingerprint forms from the Self-Help Resource Center at either Court location. The Court Investigator will also inquire into the status of the completion of the required Live Scan Fingerprinting for EACH proposed Guardian and each household member age 18 and over (hyperlink to probate Background check tile in Probate Division). It can sometimes take months to receive results on parties from the Department of Justice, so it is important this is completed ASAP, otherwise it may cause a delay in the investigation. Please remember to turn in a copy of the completed Live Scan form to FCS or to the front counter at SCJC, who will forward it to FCS staff. This way we can track your results.

***Failure to complete the Mandatory Online Orientation and filing the declaration for EACH Proposed Guardian, as well as failure to complete the Live Scan process for EACH proposed Guardian and EACH ADULT HOUSEHOLD member is the most common reason why investigations are delayed.

Once the investigation is completed, a copy of the Guardianship Report will be filed with the Court and mailed to the parties of record by FCS pursuant to Probate Code Section 1513(d) (hyperlink). If the Court assess a fee for the Court Investigation, you will be ordered to pay these fees at the time of the Court hearing. This is a separate fee than the filing fee and may be waived if a fee waiver is granted by the Court.

WHAT HAPPENS AFTER GUARDIANSHIP IS GRANTED?

Once the guardianship is granted, the Court will remind the Guardians to file with the Court any contact information changes immediately using the MC-040, referenced below. The Court will also notify the Guardian/s that they are required to complete an Annual Status Report (GC-251) for EACH CHILD EVERY YEAR until the child reaches the age of 18 or the guardianship terminates. FCS will mail out a blank Status Review to the address of record for each child about 60 days prior to the month the Guardianship is granted. If this is not received timely from the Guardian/s, the matter will be set for court hearing for an order to show cause why the guardianship should not be terminated for failure of the guardian to perform the Duties of a Guardian.

Change of Contact Information:  Please complete and file the MC-040 NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION (ca.gov), and provide a copy to Family Court Services.

Annual Status Report: Located here GC-251 CONFIDENTIAL GUARDIANSHIP STATUS REPORT (ca.gov)

FAQs

The investigator will contact you as soon as they are able to based on their workload.  The Investigators receive 90 days to conduct the investigation. This includes the time that is needed to obtain records back from background checks and child welfare services inquiry, and to conduct the interviews with the petitioners and children.

The investigator should reach out to you within the first few weeks of being appointed by the Court. If you have not received a call within 30 days of the court referring the matter to FCS for investigation, you may contact FCS at 559-730-5000, Option 6 and request the name and telephone number of the assigned investigator. Court Investigators are off site conducting investigations, and therefore will return your call within 48 hours of receipt, unless they are out of the office.

This is a common question. If there are allegations of child abuse, neglect or abandonment made by the proposed guardians, the Court may refer the matter to Child Welfare Services to investigate and determine if the child/ren fall under Welfare and Institutions Code section 300 and whether the parents should be offered services in order to reunify with the children; and whether the children fall under their jurisdiction.  A Social Worker from Child Welfare Services will conduct an investigation and write a report to the Court only notifying the Court whether or not they will be offering services to the parents and/or Guardians, and whether or not they will be taking jurisdiction of the child/ren. The Court Investigator’s role in probate guardianships is to interview relative proposed guardians and determine whether the guardianship is necessary or convenient, in the child’s best interest, and if the guardians are suitable. The report from the Court investigator will be mailed to the parties of record.

See the information noted above.

See the information noted above – Self Help Resource Center.

To Family Court Services in Visalia (Room 204) or to the front counter at the clerk’s office at SCJC, which will be routed to FCS for tracking the results.

You may file a dismissal with the Court. Please contact the Self-Help Resource Center or your attorney for direction. Please be sure to serve these documents on Family Court Services.

Visit the Probate Guardianship Page

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