Procedural Issues

Name: In re Anna T.
Case #: B299987
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 10/13/2020
  • Categories: Dependency (300), Jurisdiction of Case, Misc, Procedural Issues

Where juvenile court expressly declined to issue exit orders following termination of jurisdiction, its post termination orders regarding healthcare decisions were vacated, and the original family court orders prevailed. A dependency petition was filed, and jurisdiction assumed, after the family…

View Full Summary
Name: Leah B. v. Michael V.
Case #: B301138
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/22/2020
  • Categories: 366.26 termination hrg., Dependency (300), Misc, Procedural Issues

Mother was not permitted to use the civil harassment restraining order process to collaterally attack a dependency and adoption proceeding after her parental rights were terminated. Mother's parental rights were terminated in a dependency proceeding after she refused cancer treatment…

View Full Summary
Name: In re Cody R.
Case #: D073527
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/17/2018
  • Categories: 361.5(b) Bypass Reunification, 366.26 termination hrg., 388 Modification Petn., Appealable Orders, Dependency (300), Duties/Competence of Counsel, Placement Issues, Procedural Issues, Standing, Writ versus Appeal

Parent had no standing to challenge the social worker's actions under the relative placement statutes where there was no showing that she could have reunified. The child was removed from parental custody after he was found severely malnourished to the…

View Full Summary
Name: In re Israel T.
Case #: B286821
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 11/21/2018
  • Categories: Dependency (300), Dispositional Hearings, Jurisdictional Hearings, Notice, Procedural Issues, Removal Orders

Jurisdiction order reversed where juvenile court took jurisdiction under section 300, subdivision (b) but struck the words "substantial" risk and "serious" harm, and found at disposition that there was no risk to the children. Father was seen at a suspected…

View Full Summary
Name: In re G.B.
Case #: B284833
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 10/18/2018
  • Categories: Dependency (300), Jurisdictional Hearings, Procedural Issues

Juvenile court erred when it established jurisdiction based on a factual and legal theory not alleged in the original petition. Mother, father, and the five-year-old minor G.B. were involved in a family court proceeding. The Department filed a dependency petition…

View Full Summary
Name: In re Molly T.
Case #: E069626
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/24/2018
  • Categories: Dependency (300), Misc, Procedural Issues, Reunification services

Mother's conduct of abandoning minor at the hospital and not contacting social workers or appearing at hearings was sufficiently egregious to warrant application of the disentitlement doctrine. At the time mother gave birth to the minor, both she and the…

View Full Summary
Name: In re Christian K.
Case #: A151695
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 03/21/2018
  • Categories: Dependency (300), Permanent Plans, Placement Issues, Procedural Issues, Visitation

Juvenile court did not err by ordering overseas trip for minor, even if the minor would have benefited from additional therapy before going. Parental rights to the minor were terminated. Paternal grandparents, who live in Denmark, expressed interest in adopting…

View Full Summary
Name: In re M.A.
Case #: E067604
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/26/2018
  • Categories: Dependency (300), Paternity/Parentage, Procedural Issues

Collateral estoppel barred finding that biological father was a Kelsey S. father where juvenile court had found otherwise five years earlier. The juvenile court found 300(a)(b) and (j) petitions true, and removed M.A. and E.A. from mother. The court ordered…

View Full Summary
Name: In re Hannah D.
Case #: F074143
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/10/2017
  • Categories: Dependency (300), Procedural Issues, Writ versus Appeal

Father's failure to challenge order terminating reunification services by way of writ precluded his review of the order on appeal from the subsequent 366.26 hearing, despite court's failure to orally advise him of writ requirement. At a status review hearing…

View Full Summary
Name: In re N.S.
Case #: A145473
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 02/24/2016
  • Categories: Dependency (300), Jurisdictional Hearings, Procedural Issues

Dismissal of appeal was proper where postappeal the juvenile court ordered dismissal of dependency jurisdiction leaving the appellate court unable to grant effective relief. The infant minor was removed from her parents when they were arrested for cultivating marijuana in…

View Full Summary