San Bernardino County Department of Children's Services v. Janice H.
Opinion
lead Opinion
Richli, J.
When the juvenile court takes custody away from a legal guardian previously appointed by the family court, without terminating the guardianship, does a parent have the right to seek to regain custody? The juvenile court here said no. We say yes.
*1287 I
Factual and Procedural Background
Janice H. is the mother of Catherine H. and her older sister, Theresa H. (who is not a party to this appeal). When this case was filed, Catherine was age 12; she is now 14.
Janice suffers' from mental illness. In August 1999, she was twice involuntarily hospitalized. Florence A., Janice’s mother, took Theresa and Catherine into her care. Upon Janice’s release, Florence filed a guardianship petition in family court. On August 26, 1999, the family court appointed Florence as temporary guardian; on June 22, 2000, it appointed her as permanent guardian.
On May 26-27, 2001, Florence left four minors home overnight without any adult supervision: Catherine, Theresa, one of Florence’s grandsons, and one of Theresa’s friends. The only other adult in the house was Florence’s son Daniel, who was schizophrenic and incapable of looking after the children. Florence’s grandson amused himself by…