Adoption of A.P. CA3

FACTS

A The Guardianship In March 2009 the minor’s paternal grandmother, Nancy S., filed a petition for guardianship of the 14-month-old minor, alleging that the minor was left in her care for ten days without any contact from mother. The petition further alleged mother used methamphetamine and was frequently in custody. An attachment to the petition stated the minor was not eligible for membership in an Indian tribe. The minor’s father consented to the guardianship. The court appointed the paternal grandmother temporary guardian for the minor in April 2009 and referred the case to the court investigator. The court investigator’s report reiterated the allegations of the petition that mother used methamphetamine, was frequently in jail, was homeless and was neglectful of the minor. The report said the minor was currently living with the paternal grandmother who reported a “marginal amount” of Cherokee heritage but did not claim the minor was, or might be, an Indian child. The report stated mother opposed the guardianship. The

The statute has since been amended. The provision, modified to change the relevant language from mandatory to permissive, now appears in subdivision…