Department of Social Services v. Patricia C.

In this case we decide that mailed service of a notice of a hearing on a petition for the appointment of a guardian, pursuant to Probate *783 Code section 1511, subdivision (b), must conform with the requirements of Code of Civil Procedure section 415.30.

Facts

Appellant’s four children were declared dependent children pursuant to Welfare and Institutions Code section 300, subdivision (a). On October 29, 1984, the court directed the county counsel to prepare guardianship petitions for the two older children. The matter was set to be heard on November 26, 1984. The court ordered that notice of the hearing be “mailed at least 15 days before hearing, in the manner prescribed by section 1200.5 of the Probate Code . . . .” 1 Notices were mailed to the childrens’ parents, appellant and Richard V., and their maternal grandmother and uncle, on November 9, 1984. No written acknowledgments of receipt of the notices of the hearing were filed. Appellant did not appear at the November 26, 1984, hearing. The petition for appointment of a guardian for the two children was granted. On appeal, appellant contends that notice of the hearing was defective.

Discussion

Division 4 (see §§…