ICWA: Indian child's parent's consent to nomination of guardian valid only if executed at least 10 days after the child's birth
10 days after child's date of birth, under Cal. Prob. Code 1500.1(a)(1).
Rule text
(a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), consent to nomination of a guardian of the person or of a guardian of the person and the estate given by an Indian child's parent is not valid unless both of the following occur: (1) The consent is executed in writing at least 10 days after the child's birth and recorded before a judge.
Calculate this deadline
- Trigger (Child's date of birth): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Cal. Prob. Code 1500.1(a)(1)
(a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), consent to nomination of a guardian of the person or of a guardian of the person and the estate given by an Indian child's parent is not valid unless both of the following occur: (1) The consent is executed in writing at least 10 days after the child's birth and recorded before a judge.Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10, 17(b)(4), applied to probate proceedings by Prob. Code 1000; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CCP 17(b)(4): "“Month” means a calendar month, unless otherwise expressed." Prob. Code 1000(a): "Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice in, proceedings under this code."Official source
- Earliest valid execution date; consent must also be recorded before a judge with the 1500.1(a)(2) certification, and may be withdrawn any time before letters issue (1500.1(b)). roll none: validity condition.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Child's date of birth on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Child's date of birth): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
Earliest valid execution date; consent must also be recorded before a judge with the 1500.1(a)(2) certification, and may be withdrawn any time before letters issue (1500.1(b)). roll none: validity condition.
Related deadlines
- Notice of hearing on petition for temporary guardianship or temporary conservatorship (5 court days before)
- Personal delivery to proposed conservatee of notice of proposed temporary conservator appointment (5 days before)
- Hearing to reconsider ex parte temporary guardianship (if general hearing not within 30 days) (30 days after)
- Hearing on petition to terminate ex parte temporary conservatorship (filed more than 15 days before general hearing) (15 days after)
- Notice of hearing on petition to terminate temporary conservatorship (2250(h)(1) hearing) (10 days before)
- Notice of hearing on petition to terminate temporary conservatorship heard with general petition (2250(h)(2)) (5 court days before)
- Guardian or conservator files notice of change of residence (30 days after)
- Advance notice of intent to remove ward from current residence (15 days) (15 days before)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.