June 10, 2007 By Wallin & Klarich

When Parents Are Not Physically Capable of Looking After the Child

When parents are incapable of looking after their children, the courts will likely appoint guardians pursuant to the Probate Code. Usually the probate court will order a 1513 investigation wherein the proposed guardian’s home will be investigated.

In addition, the proposed guardian will also be interviewed by a probation officer as to his/her experiences with the child.

The investigator may then file a report with the court and make recommendations concerning each proposed guardianship.

The report will include a social history of the guardian, a social history of the proposed ward (child), the relationship between the proposed ward and the proposed guardian (ie: attitude, duration of relationship, ward’s developmental condition, physical, or emotional condition), the stability of the guardian, the relationship between guardian and natural parents. The court will then review said report and make a finding pursuant to the report’s recommendations.

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