Mark G. v. John G.

*588 Opinion

INTRODUCTION

The difficult question ultimately presented by this case is whether a four-year-old developmentally delayed, possibly autistic child should be kept under the guardianship of his ex-convict uncle and his wife, who both have a history of substance abuse, or whether he should be returned to his father, who appears to be mentally ill. The issue before this court, however, is a procedural one, which does not resolve that question.

John G., the father of Christian G. 1 (Chris), appeals after the probate court appointed John’s brother, Mark G., and Mark’s wife, Tina, as guardians, a guardianship he contested all along, claiming both that a guardianship was unnecessary and that Mark was not a good choice as guardian due to his criminal history. John’s appeal claims that the probate court erred in failing to follow the mandate of Probate Code section 1513, subdivision (c) 2 which, in cases involving parental abuse or neglect, requires a referral to the county agency charged with investigating dependency cases so that it may make a decision whether to initiate dependency proceedings.

We agree, and hold that John was deprived of certain procedural safeguards…