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Chapter 7 (Rule 26): guardianships of the person of a minor - notice under Probate Code Section 1511(b) personally served and under Section 1511 (c), (d) and (e) mailed, relatives in the second degree, notice to parties to other guardianship proceedings, a hearing set by the Clerk's Office approximately sixty (60) days after filing to allow time for the Court Investigator's report, notice mailed to the Probate Investigator on a relative's petition and, on a non-relative's, notice under Probate Code Sections 1540 through 1543 mailed at least forty-five (45) days before the hearing to the State Department of Social Services and to the Yolo County Department of Employment and Social Services, and a declaration of due diligence (26.1); pending adoptions under Probate Code Section 1543 (26.2); the Indian Child Welfare Act (ICWA) (26.3); the attendance of the minor and the proposed guardian (26.4); investigations by the Probate Investigator where the proposed guardian is a relative and by Child Protective Services otherwise, the Probate Investigator's later reviews and copies of petitions to terminate, and the investigator's fee under Probate Code section 1513.1 and 1851.5, deferred or waived for hardship (26.5); temporary guardianships by ex parte application, with proof of service under Probate Code Section 2250 (26.6); successor guardianship petitions copied to the Probate Investigator and set approximately sixty (60) days after filing (26.7); and private counsel for the minor under Probate Code Section 1470, with the duties of Family Code Sections 3150, et seq. (26.8).
California > Third Appellate District > Yolo County > Superior Court of California, County of Yolo
RULE 26 GUARDIANSHIPS OF THE PERSON OF A MINOR 26.1 PETITION FOR APPOINTMENT: NOTICE AND HEARING (a) Notice required by Probate Code Section 1511(b) shall be personally served while the notice required by Probate Code Section 1511 (c), (d) and (e) is to be mailed. (b) Relatives in the second degree include: maternal grandparents, paternal grandparents, parents, brothers and sisters, and any children. (c) Notice shall be given to persons not otherwise entitled to notice who are parties to any other proceeding to appoint a guardian for the minor if such proceedings are known to the petitioner at the time of filing. (d) The Clerk’s Office will set a hearing date approximately sixty (60) days after filing to allow time for the Court Investigator’s report. (e) In the case of a petition for guardianship of the person by a relative, notice shall be mailed to the Probate Investigator. (f) In the case of a petition for guardianship of the person by a non-relative, notice under Probate Code Sections 1540 through 1543, inclusive, shall be mailed at least forty-five (45) days prior to the hearing date to: (1) The State Department of Social Services; and (2) Yolo County Department of Employment and Social Services. (g) A declaration of due diligence is required where the petitioner cannot determine the name or address of a relative or party to whom notice is required. The declaration shall specify all efforts undertaken to identify and locate such relative or party. The petitioner should check the following and state the results in the declaration: telephone directory, directory assistance, relatives and friends, former employers, and last known address. (Effective January 1, 2007) 26.2 PENDING ADOPTION Pursuant to Probate Code Section 1543, if it appears that adoption proceedings are pending, letters of guardianship will not be issued nor the hearing permitted until the agency investigating the adoption has filed its report. (Effective January 1, 2007) 26.3 INDIAN CHILD WELFARE ACT (ICWA) Guardianships are subject to the provisions of the federal Indian Child Welfare Act (ICWA). If there is any reason to believe that the child has Native American heritage, the petitioner shall provide notice to the appropriate tribe(s) and the Secretary of the Department of the Interior as required by ICWA. (Effective January 1, 2007) 26.4 GUARDIANSHIP HEARING The minor and the proposed guardian shall attend the hearing to establish a guardianship of a minor, unless their presence is waived by the court. (Effective January 1, 2007) 26.5 PROBATE INVESTIGATOR OR SOCIAL SERVICES (a) The Probate Investigator conducts an investigation on all petitions to establish a guardianship where the proposed guardian is a relative. (b) Where the proposed guardian is a non-relative, Child Protective Services conducts the investigation. Any delay may cause a continuance. See Probate Code Section 1513(g) for the definition of relative. (c) Once the guardianship is established, the Probate Investigator assists the court in reviewing guardianships of the person and the estate. Counsel and guardians shall cooperate fully with the Probate Investigator. (d) The Probate Investigator shall be provided with a copy of all petitions to terminate a guardianship. (e) Pursuant to Probate Code section 1513.1 and 1851.5, at the time of filing a petition to establish a guardianship, if the proposed guardian is a relative, a fee shall be assessed and paid for the Probate Investigator’s report unless deferred or waived by the court. If the guardian or other person liable for payment of the assessment believes the fees should be deferred or waived due to hardship, the subject petition shall include a request for deferral or waiver and shall set forth facts establishing a hardship. Failure to make timely payment will not delay approval of any petition but will result in the matter being referred to collections. (Effective January 1, 2007; As amended, eff. 01/01/10; As amended, eff. 01/01/11) 26.6 TEMPORARY GUARDIANSHIPS (a) All petitions for appointment of a temporary guardian should be submitted by ex parte application. Proof of service of the petition, pursuant to Probate Code Section 2250, shall be filed prior to the issuance of an order. (b) If the court determines that a hearing on the petition for a temporary guardianship is necessary, notice will be sent by the court to the attorney and petitioner. Notice of that hearing shall then be given by the attorney and/or petitioner to those required to receive notice. (Effective January 1, 2007) 26.7 APPOINTMENT OF SUCCESSOR GUARDIAN When filing a petition for a successor guardianship of the person, a copy of the petition for successor appointment shall be sent to the Probate Investigator in order to determine if an investigation and report will be required. Successor guardianship petitions shall be set for hearing by the clerk approximately sixty (60) days after the filing date to allow enough time for any required investigation. (Effective January 1, 2007) 26.8 APPOINTMENT OF LEGAL COUNSEL FOR THE MINOR If the court determines it would be in the best interests of the minor, the court may appoint private counsel to represent the minor, or the interests of the minor, in an existing guardianship or in a petition to appoint a guardian of the person pursuant to Probate Code Section 1470. Counsel for the minor shall not be retained by any party to the contest. The rights, duties and responsibilities of the attorney for the minor in a contest guardianship of the person shall include those specified in Family Code Sections 3150, et seq. (Effective January 1, 2007)
RULE 26 GUARDIANSHIPS OF THE PERSON OF A MINOR 26.1 PETITION FOR APPOINTMENT: NOTICE AND HEARING (a) Notice required by Probate Code Section 1511(b) shall be personally served while the notice required by Probate Code Section 1511 (c), (d) and (e) is to be mailed. (b) Relatives in the second degree include: maternal grandparents, paternal grandparents, parents, brothers and sisters, and any childr
Reviewer note: Composed 2026-10-10 (California T4 Yolo build 2026-10-10) from BenchPath custody ca/t4/ca-yolo/docs/yolo/default/2026-04/Yolo Superior Court Local Rules Effective 01-01-2023.pdf (the court's rule book, its cover “The following rules of court for the Superior Court of Yolo County are adopted January 1, 2023 and replace the rules previously adopted by the Superior Court of Yolo County.”, as fetched 2026-10-10; 700841 bytes, sha256 d05d92b20c2d61ae316a5081bfbbf4ac225f259b12a092c527669f4579097d7e; 52 pages; this chapter PDF pages 45 to 47) with the shared verbatim composer (v2 reflow) and its strike-out: six chapters - 1 to 5 and 7 - each composed from the page after its divider page (PDF pages 10 to 47), from its first rule's heading (“RULE 1: GENERAL RULES” to “RULE 26 GUARDIANSHIPS OF THE PERSON OF A MINOR”) to its last rule's history note: each page's running header (“Yolo Superior Court”) and its two footer lines (the chapter's name and “Page N of 44”) removed as chrome; lines reflowed into the rules' paragraphs, each rule's heading and each subdivision's label and title (“1.1 NAME, CITATION AND EFFECTIVE DATE”) set as one line, as printed on one row; the strike report (review/strike-report-2026-10-10.txt) lists 5 struck runs on 3 pages - the deleted Rule 25 in the list of current effective dates and in the index, and one struck space in Rule 4.7 - taken out as chrome; 4 whitespace-only fixes (build/book-fixes.json: Rule 4.7(c)3's formal complaint addresses - the Commission on Judicial Performance's street, item v. and the Sheriff's Office's street - set on their own lines as printed, and Rule 11.3's first fee item rejoined) and no same-character fix; the vertical-gap, short-line, page-break, bold-line, false-break, fragment and row audits (custody file book_extra_audits.py) list candidates read one by one; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the statement on state law, the list of current effective dates, the table of contents, each chapter's divider page (its rules and their page numbers), Chapter 6 (it prints only “RULE 25: DELETED”), Appendix 1 (the listing of local forms) and the index by subject matter belong to no card. Review note: Carried as printed: Rule 26's heading prints no colon (“RULE 26 GUARDIANSHIPS OF THE PERSON OF A MINOR”).
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.