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Name: In re R.N.
Case #: B209458
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 10/20/2009

Where successor guardian is to be appointed, father was entitled to be considered for custody and reunification services. The minor’s grandparents were appointed her guardians in 1996. After they died, the minor’s aunt filed a section 388 petition, seeking to be her guardian. The father appealed the order appointing the aunt guardian, contending that under section 366.3, he was entitled to be considered as the minor’s guardian and to be given reunification services, and that the court erred in denying his section 388 petition. The appellate court reversed the order. Pursuant to section 366.3, when a change in a guardianship is made, the dependency court must provide notice to the parents and consider and evaluate possible custody solutions as well as whether to provide reunification services. The father was entitled to be considered as the minor’s guardian, and was eligible to receive services without a requirement that he file his own section 388 petition.