Guardianship of S.H.R.
The court held that, under Probate Code §1510.1, a California superior court may appoint a guardian "in connection with" a Special Immigrant Juvenile petition only after the immigrant aged 18 to 21.
Date Filed: September 28, 2021
Case Name: Guardianship of S.H.R.
Case Number: B308440M
Court: California Court of Appeal, Second Appellate District, Division One
(‘The Court holds that an 18‑ to 21‑year‑old immigrant must first obtain the statutory findings required for Special Immigrant Juvenile (SIJ) status before a California superior court may appoint a guardian “in connection with” that petition; because S.H.R. fails to prove by a preponderance of the evidence that reunification with his parents is not viable, the trial court’s denial of the SIJ findings is affirmed and the guardianship petition is dismissed as moot. This decision clarifies that Probate Code §1510.1 grants jurisdiction to appoint a guardian only when a viable SIJ petition exists, reinforcing the evidentiary burden on petitioners seeking SIJ status in probate proceedings.’, ‘951adc49’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.