Kern County Department of Human Services v. Gerald W.

This is an appeal from a termination of a guardianship created in a dependency action as the permanent plan for two adolescents, Jessica C. and Brett C. Initially, the maternal grandparents were appointed guardians. After a number of successful years in this home, during which the children bonded to their grandparents and appeared to flourish, the grandmother died. At the same time, the grandfather experienced serious health problems which the juvenile court found prevented him from caring for the children and adequately supervising and protecting them. There are two issues presented on appeal: (1) Should the petition to terminate the guardianship have been initiated under Welfare and Institutions Code 1 section 388 or section 387, and (2) did the juvenile court err by failing to consider whether providing services to the grandfather would preserve the guardianship? We conclude that section 387 controls when the termination of guardianship will lead to children being placed in foster care and that section 366.3 requires that maintenance services be considered before the guardianship is terminated.

FACTUAL AND PROCEDURAL HISTORIES

In June 2001, Jessica and Brett were…