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Name: D.E. v. Superior Court
Case #: G032293
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/30/2003
Subsequent History: None
Summary

Appellant was incarcerated at the time the juvenile court conducted the jurisdictional and dispositional hearings regarding his children. The hearing was continued several times, and appellant requested to be transported for the hearing. The court issued a transportation order, but the county refused to transport him. The juvenile court proceeded with the hearing in appellant’s absence, found the petitions true, denied reunification services, and set the matter for a 366.26 hearing. Appellant petitioned for a writ of mandate pursuant to Rule 39.1B. The appellate court here denied the petition. Even if appellant’s rights were violated under Penal Code section 2625, Welfare and Institutions Code section 352, subdivision (b) required the court to proceed. The juvenile court could not continue the case more than six months after detention, and continuing the case in order to ensure transportation would have extended the date beyond the six-month mark. The rights of a child to a prompt resolution of the dependency proceedings outweigh the right of an incarcerated parent to be present at those proceedings.