Existing law requires, unless waived for good cause, a court investigator, probation officer, or domestic relations investigator to make an investigation and file with the probate court a report and recommendation concerning each proposed guardianship of the person or guardianship of the estate. Existing law authorizes, in specified circumstances, the court to refer the matter, in writing, to the local child welfare agency to initiate an investigation, and requires the referral to include a summary of the reasons for the referral and authorizes the inclusion of a copy of the petition, the investigator’s report, and any other material information. If the juvenile court commences dependency proceedings, the guardianship proceedings are stayed, and if the juvenile court does not commence dependency proceedings, the probate court retains jurisdiction to hear and determine the guardianship petition.

Under existing law, the appointment of a temporary probate guardian or delay attributable to a child welfare investigation does not preclude the juvenile court from ordering the social worker to commence dependency proceedings or from hearing and determining a petition.

This bill would require, if the probate court has appointed a temporary guardian, the appointment to automatically expire upon the juvenile court conducting an initial petition hearing. If the juvenile court orders the child detained, the bill would grant the court discretion to order placement of the child with an emergency caretaker, as specified.