The juvenile court erred in failing to grant Minor’s request to continue hearing briefly so that Minor could be present. Minor was removed from his parents and the family did not successfully reunify. Minor remained in long term foster care. At a permanency planning review hearing, Minor’s counsel requested a continuance so the 15-year-old could be present, which the juvenile court denied. The juvenile court ordered the Agency to continue to provide permanent placement services. Minor appealed and the reviewing court reversed. If a minor, 10 years of age or older, wishes to be present at a hearing, the court shall continue that hearing so the minor can be present unless it is in the best interests of the minor not to continue the hearing. (§ 349, subd. (d).) Here, the court made no finding that it was in the minor’s best interest not to continue the hearing. This was prejudicial error because there was a reasonable probability that Minor would have had a more favorable result if he had been present in order to articulate his needs and request additional services to help him meet his goals.
The full opinion is available on the court’s website here:
https://www.courts.ca.gov/opinions/documents/B337033.PDF
