Dependency

Question 1

What is a Section 342 Petition called? What is it?

Answer 1

A subsequent petition.

A WIC 342 petition is filed when new facts or circumstances allege additional grounds for jurisdiction

Question 2

What is a de facto parent?

Answer 2

A de facto parent is a person who has been found by the court to have “assumed, on a day-to-day basis, the role of the parent, fulfilling both the child’s physical and psychological need for care and affection, and who has assumed that role for a substantial period.” De facto parents are able to participate in juvenile court as a party and to present evidence to promote the best interests of the child and help the court make informed decisions regarding the child’s care and placement. A person who seeks de facto parent status has the burden of proving by a preponderance of the evidence (in other words, proving that it is more probable than not) that he or she meets the criteria for receiving such status.

Question 3

What does CASA stand for?

Answer 3

Court Appointed Special Advocate

Question 4

What is a CASA?

Answer 4

A volunteer trained to act as first-hand observers of the individual needs of abused and neglected children in foster care. After completing at least 30 hours of training, CASAs are appointed by the court to a specific foster child. The CASA often serves as a source of information for the court about the child and the child’s needs, advocates for the child’s best interests in the courtroom, and acts as a “watchdog” for the child’s needs while the child is in the system.

Question 5

When must the initial hearing for a child who remains in the custody of the parent/guardian be set?

Answer 5

The initial hearing for a child who remains in the custody of the parent/guardian must be set within 15 judicial days of the filing of the petition.

Question 6

When must the initial hearing (“detention hearing”) be set if a child has been taken from their home and placed into protective custody?

Answer 6

This hearing must be held the next court day after the petition is filed. At the detention hearing the court determines whether the child is to remain in protective custody pending the jurisdiction hearing or returned to the parent.

Question 7

When must the jurisdictional hearing for a child who remains in the custody of the parent/guardian be set?

Answer 7

The jurisdiction hearing must be set within 30 calendar days of the filing of the petition for a child not in custody

Question 8

When must the jurisdictional hearing be set if a child has been taken from their home and placed into protective custody?

Answer 8

The jurisdiction hearing must be set within 15 court days of the detention order

Question 9

What is a jurisdiction hearing?

Answer 9

The Jurisdictional Hearing is where the Court decides whether the child falls within the jurisdiction of the juvenile court. The Court has three ways to make this determination: 1) The parents or guardians admit the petition is true; 2) The parents or guardians submit on the petition; or 3) The parents or guardians dispute or contest the petition.

Question 10

What is the disposition hearing?

Answer 10

At the Dispositional Hearing, the court decides whether the child or children involved will be placed back with the parent(s) or in the home of a relative, foster parent, or group home.

Question 11

What is a Section 387 Petition called? What is it?

Answer 11

A supplemental petition.

The social worker can file a “supplemental petition” in an on-going case to request removal of the child from the custody of parent, relative, or friend or to request authorization to move the child to a higher level of care such as a relative to foster home or foster home to group home. A § 387 petition follows the same timelines and procedures as an initial petition.

Question 12

If a child is removed, when must the petition be filed?

Answer 12

The petition must be filed within 48 hours of removal, excluding noncourt days

Question 13

What is it called when the petition calls for the child to remain in the home?

Answer 13

in-home petition

Question 14

Who must receive notice of an initial hearing?

Answer 14

MFS PLACID

-mother
-father (presumed and alleged)
-siblings subject to court’s jurisdiction
-probate dept
-legal guardians
-attorneys
-child if 10 or old
-indian tribe/custodian if (ICWA applies)
er
-DA

Question 15

What is the name and number of the form which is used to state whether someone is the parent of a child and/or to request testing to determine parentage.

Answer 15

JV-505

Statement Regarding Parentage

Question 15

What is the name of the form which is sent to imprisoned possible parent?

Answer 15

JV-450 and JV-451

Question 16

What are all the things that are supposed to happen at a detention hearing (initial hearing if the child is not detained)?

Answer 16

-appointment of counsel for parties
-court obtains mailing address of parents
-begin paternity process
-ICWA inquiry
-reading of petition and advisement of parent’s rights
-consider the need for detention
-set date of jurisdiction hearing

Question 17

Generally every child who is the subject of a dependency case should have counsel.

Answer 17

/

Question 18

What is the CAPTA GAL?

Answer 18

Under the federal Child Abuse Prevention and Treatment Act, states must develop procedures for appointing a guardian ad litem.

The GAL may be an attorney or a court-appointed special advocate (CASA) or both who has received appropriate training.

The attorney assigned to the child is automatically the GAL

Question 19

What dees the GAL do?

Answer 19

The GAL represents the child at all judicial proceedings related to the case and has the responsibility to 1) obtain a clear and firsthand understanding of the situation and 2) make recommendations to the court concerning the best interests of the child

Question 20

What happens if a child is 10 or older and not present at any hearing?

Answer 20

The court must inquire whether child was informed of right to be present and inquire as to reason child is not present. If child was not notified or was not given an opportunity to be present, court must continue hearing (only for as long as is necessary to give notice or secure presence of child) unless not in the best interest of child to continue the hearing

Question 21

The court may recognize more than one presumed father if the court makes a finding that it is detrimental not to do so.

Answer 21

FC S. 7612(c)

But there must be a parent-child relationship to the presumed father [In re Donovan L. (2016) 244 CA4 1075]

Question 22

What is a biological father?

Answer 22

The genetically related parent of the child, but has not taken the steps necessary to become the legal father pursuant to Fam, Code 7611

Question 23

What are the rights of alleged parents?

Answer 23

Alleged parents have very few rights in dependency cases. An alleged parent has the right to notice of the dependency hearings and the right to prove that they are a presumed parent. Alleged parents do not have the right to custody or reunification services. Relatives will not be given special consideration for placement of your child.

Question 24

What are the rights of biological fathers?

Answer 24

You are a biological father if a DNA test shows that you are the father of your child or you have a judgment of paternity from a family law court. As a biological father, you have the right to notice of dependency hearings and the right to show that you are a presumed father. The court can also give you reunification services (these are services to help you get your child back into your care) if the court believes that giving you services would be best for your child. Your relatives will also get special consideration when the social worker decides where your child should live.

Question 25

Use of word “parent” in dependency statutes means legal parent

Answer 25

In re Zacharia D. (1993) 6 C.4th 435

Question 26

What is a Kelsey S. father?

Answer 26

A “Kelsey S.” father is a biological father who (1) is prevented by the other parent or a third party from establishing a parent-child relationship and (2) promptly acts to assert the parent/child relationship once the father knows or should have known of the existence of the child. To be considered a “Kelsey S.” father, the parent must demonstrate a full commitment to his/her parental responsibilities, emotional, financial and otherwise after discovering the existence of the child.

A Kelsey S. father/parent is entitled to reunification services and has the same constitutional protections and due process rights in dependency proceedings as presumed parents.

Question 27

What is an adjudicated parent?

Answer 27

An adjudicated parent is one who has an existing judicial determination that a parent/child relationship exists. A paternity judgement does not establish presumed parent status but it may rebut a presumption of paternity in favor of another man.

Question 28

What is an alleged father?

Answer 28

An alleged father is a man who may be the father but whose biological paternity has not been determined and who has not been found to be presumed by the court.

Question 29

What is an equitable father?

Answer 29

An equitable parent is a non-biological parent who attempts to take full responsibility for the child but who is prevented from doing so by the mother or a third party. The equitable father must “promptly come forward and demonstrate a full commitment to his paternal responsibilities—emotional, financial, and otherwise[.]”

Question 30

What is the name of the motion made if the parent or guardian believes that the petition on its face fails to state a cause of action under WIC 300?

Answer 30

Alysha S motion (or motion “akin to demurrer”)

Question 31

What are the required findings in a detention hearing?

Answer 31

-prima facie case for jurisdiction under S.300
-substantial danger
-why removal is necessary
-whether reasonable services have been offered to prevent the need for removal
-whether relative available for placement
-that continuance in home of parent is contrary to child’s welfare with specific reference to evidence relied on for this finding

Question 32

What is the name of the form that is used to file a S. 388 petition [i.e., ask the court to 1) dismiss the case, 2) change an order, 3) terminate reunification services, 4) recognize the relationship of petitioner to sister/brother, 5) aged-out nonminor may file to come back into foster care]

Answer 32

JV-180

Question 33

What is a NREFM?

Answer 33

A “non-relative extended family member” is defined as an adult caregiver who has an established familial relationship with a relative of the child or a familial or mentoring relationship with the child. The county welfare department shall verify the existence of a relationship through interviews with the parent and child or with one or more third parties. The parties may include relatives of the child, teachers, medical professionals, clergy, neighbors, and family friends. [WIC 362.7, 361.3]

Question 34

How soon after the child is detained must the child welfare agency locate and notify relatives that juvenile proceedings have been initiated?

Answer 34

30 days

Question 35

What is section 300(a) jurisdiction?

Answer 35

physical abuse

“The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the child’s parent or guardian.”

*“serious physical harm” does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury.
+no specific intent required
+injuries that arise from an accident do not qualify under 300(a)

Question 36

What is the case that provides guidelines on spanking?

Answer 36

In re D.M. (2015) 242 CA4 364

Question 37

What is section 300(b) jurisdiction?

Answer 37

Neglect

“The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of [neglect.]”

*The Court must find both serious and substantial risk to have jurisdiction. [In re Israel T. (2018) 30 CA5 47.

Question 38

What are the four statutory means to show neglect?

Answer 38

1) inadequate adult supervision/protection
2) inadequate adult supervision/protection from conduct of custodian with whom the child has been left
3) inadequate food, clothing, shelter, or medical treatment
4) inadequate care for the child due to the adult’s mental illness, developmental disability, or substance abuse

Question 39

What does TBI stand for?

Answer 39

traumatic brain injury

Question 40

What does PCW stand for?

Answer 40

protective custody warrant

Question 41

what does csec stand for?

Answer 41

Commercial Sexual Exploitation of Children

Question 42

What does STRTP stand for?

Answer 42

Short-Term Residential Therapeutic Program

Formerly known as group home, Short-Term Residential Therapeutic Program (STRTP) was established effective January 1, 2017. STRTP is a residential facility operated by a public agency or private organization that provides the following services: Integrated program of specialized and intensive care and supervision, services and supports, and treatment. Short-term 24-hour care and supervision to children and non-minor dependents

Question 43

What does ICPC stand for?

Answer 43

Interstate Compact on the Placement of Children

Question 44

What are the two categories when a case is predisposition?

Answer 44

detain or no-detain

Question 45

What are the three categories when a case is postdisposition?

Answer 45

FM, FR, by-pass

Question 46

What is the proper term for taking the child from parental custody predisposition? Postdisposition?

Answer 46

Detention before disposition.
Removal after disposition.

*Remember: Dr.

Question 47

What case stands for the proposition that the court is not required, as a matter of law, to provide reunification services to a child who at disposition is returned to the custody of a parent?

Answer 47

In re. Pedro Z. (2010)

Question 48

What is section 300(c) jurisdiction?

Answer 48

emotional abuse

“The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care.”

+typically evidence from a therapist or psychologist is used to justify this jurisdiction

Question 49

What is section 300(d) jurisdiction?

Answer 49

sexual abuse

“The child has been sexually abused, or there is a substantial risk that the child will be sexually abused by the child’s parent or guardian or a member of the child’s household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.”

+a “d” finding does not require a conviction (or even a criminal case) to apply. However, a criminal conviction would have an evidentiary effect on the dependency case (doctrine of issue preclusion/collateral estoppel). Can’t relitigate issues that have already been adjudicated.

-”member of the child’s household” is to be liberally construed and can include someone “frequently found in the home”

Question 50

What is section 300(e) jurisdiction?

Answer 50

severe physical abuse of a child under 5

“The child is under five years of age and has suffered severe physical abuse by a parent, or by any person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child.”

*Can either be one severe act or multiple serious acts
*Also applies when parent deprives food
*If this jurisdiction is found, it is prima facie evidence of substantial danger for disposition purposes

Question 51

What is section 300(f) jurisdiction?

Answer 51

“The child’s parent or guardian caused the death of another child through abuse or neglect.”

*conviction not required; ordinary civil negligence is sufficient
*It is a but-for test (e.g., child is unsupervised and is killed due to the negligence of nearby construction workers. But for the parent’s lack of supervision, the child would not have died)

Question 52

What is section 300(g) jurisdiction?

Answer 52

“The child has been left without any provision for support”

+providing care for a child requires more than a roof over their head – it can require enrollment in school, authorizing medical care, etc.

Question 53

What are situations in which 300(g) jurisdiction applies?

Answer 53

-the child’s parent has been incarcerated or institutionalized and cannot arrange for the care of the child
-a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful
-baby has been safe-surrendered and parent has not reclaimed baby within 14 days

Question 54

What is section 300(j) jurisdiction?

Answer 54

The child’s sibling has been abused or neglected and there is a substantial risk that the child will be abused or neglected. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.

*Remember: j for this JUST happened
+”j” can still apply even if the sibling is now an adult as long as it can be shown that the sibling was abused as a minor.
+In addition to establishing that a sibling has been abused as defined under WIC 300(a),(b),(d),(e), and/or (i), agency MUST also show substantial risk of abuse under the above-cited subdivisions to the “current child”. Can be different risk between sibling and “current child” (i.e. sibling abused under “a,” but “current child” at risk of abuse under “b”).

Question 55

What is the key holding of in Re Malinda S.?

Answer 55

A social study prepared by a probation officer that contained hearsay was nonetheless admissible for the purpose of establishing jurisdiction

Question 56

When is hearsay in a report admissible to prove jurisdictional allegations?

Answer 56

hearsay in the report is admissible to prove jurisdictional allegations unless:
-there is a timely objection AND
-there is a failure to establish any one the following
—hearsay exception
—that declarant is child (subject of the hearing) under 12
—one of inherently credible 4
—agency fails to make declarant available for cross-examination

Question 57

Who are the inherently credible 4?

Answer 57

-peace officer
-health practitioner
-social worker
-teacher

Even if a party objects to the hearsay made by one of these individuals, it can still be the sole evidence sufficient to make the juris finding

*But check that declarant has met licensing requirements

Question 58

What is concurrent planning

Answer 58

The social worker is required to develop two simultaneous plans for the child; one plan to facilitate reunification between parent and child, and a back-up plan for legal permanency for the child (often foster placement with prospective adoption parents) if reunification fails. Such concurrent planning is intended to avoid multiple placements and expedite permanency for children who cannot be returned to a parent.”

Question 59

What does CFT stand for?

Answer 59

child and family team.

It is supposed to provide input into the case plan and placement decisions

Question 60

After receiving evidence on disposition, what are the court’s options?

Answer 60

1)order services under supervision of social worker (S301) without an adjudication of dependency
2) order a guardianship without adjudicating the child a dependent
3) adjudicate the child a dependent and, if parent not interested in reunification services, order legal guardianship after considering assessment report on prospective guardian and child
4) adjudge the child a dependent of the court and decide what limits, if any, to place on parental control over child [FM services]
5) adjudge the child a dependent and order removal from parental custody

Question 61

What is the custodial parent?

Answer 61

the parent with whom the child resided at the time the petition was filed

Question 62

At disposition, what is the standard that must be shown for removal from custodial parent?

Answer 62

the court must find by clear and convincing evidence one of the following circumstances found in 361(c)

Question 63

At disposition, what must the court find under 361(c)(1)

Answer 63

substantial danger to physical health, safety, protection, or physical or emotional well-being of child in home AND no reasonable means by which physical health can be protected without removal

*the court must consider the option of removing an offending parent from the home or allow a nonoffending parent to retain physical custody as long as that parent presents a plan acceptable to the court demonstrating that he or she will be able to protect the child from future harm

Question 64

In an ICWA case, what must be shown to removal at disposition hearing?

Answer 64

-clear and convincing evidence that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child
-testimony of a qualified expert witness

*technically bypass is not available because there must be a showing that “active efforts” were made to prevent need for removal

Question 65

After removal of a child, if a noncustodial parent wants custody, what is the standard?

Answer 65

If the noncustodial parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child.

Question 66

When a child is removed from the physical custody of his or her parents, preferential consideration shall be given to a request by a relative of the child, regardless of immigration status. What are some of the factors that must be considered?

Answer 66

-the best interest of the child
-wishes of the parents and child
-placement of siblings and half-siblings in the same home
-good moral character of the relative and other adults in the home
-the nature and duration of the relationship between child and relative
-the ability of the relative to do [a list of things showing stability, found in 361.3(a)(7)]

Question 67

What is a “resource family?”

Answer 67

a Resource Family is a caregiver who provides out-of-home care for children in foster care. Resource Families include individuals, couples and families. They may be related, have a familiar or mentoring relationship, or no previous relationship with the child. The Resource Family is approved to provide care on a temporary (foster care) and/or permanent (adoption and legal guardianship) basis and includes all types of caregivers in the child welfare and probation systems formerly known as foster parents, approved relatives or approved Non–Relative Extended Family Member.

Question 68

What does ACE stand for?

Answer 68

adverse childhood experience

*The more traumatic and toxic events experienced as a child, the more likely the impact will be substantial and long-lasting on physical and emotional health

Question 69

What does WIC 16501.1(a)(3) require?

Answer 69

In developing the case plan, the agency must consider the recommendations of the CFT. The agency must document the rationale for any inconsistencies between the case plan and CFT recommendations

Question 70

When is an expedited ICPC placement available?

Answer 70

proposed placement is a stepparent, relative, guardian AND
-dep’y is due to unexpected incarceration, incapacitation, or death of parent/guardian
-child is 4 or younger or part of a sibling group with a child 4 or younger
-child has a substantial relationship with proposed placement
-child is an emergency placement

Question 71

When does the time start running on the 6 month?

Answer 71

it starts running on the date of the disposition hearing

Question 72

When does the time start running on the 12 month?

Answer 72

it starts running on the date the child entered foster care

*this is either the date of the jurisdiction hearing or 60 days after detention, whichever is earlier (361.49)

Question 73

What is the presumptive timeline for reunification for a child over 3 years old?

Answer 73

12 months

Question 74

What is the holding of in Re David H. (1995) 33 CA4th 368?

Answer 74

Where parent doesn’t object to delays in adjudication, s/he may not complain that s/he did not get full 12 months

Question 75

What is the showing required to extend services to 18 months (the maximum)?

*But there is a 24 month possibility for incarcerated, institutionalized, deported or minor parents 361.5(a)(4)

Answer 75

The court shall extend the time period only if it finds that there is a substantial probability that the child will be returned to the physical custody of the child’s parent or guardian within the extended time period OR that reasonable services have not been provided to the parent or guardian.

~Basically, the parent is very close to satisfying the case plan but there is one small thing that is still missing.
*This would not apply if say the parent gets into rehab right at the last minute
+must satisfy additional requirements of 366.21(g)(1)(A)-(C)

Question 76

What are the grounds to by-pass (deny reunification services)? 361.5(b)

Answer 76

reunification services do not need to be offered when the court finds, by clear and convincing evidence, one of the following

-whereabouts of parent/guardian are unknown
-parent suffering from mental illness that renders parent incapable of using services
-parent has been bypassed w/ respect to other child [but look at details]
-child conceived through sex with a minor
-parent safe surrendered or abandoned the child in a dangerous manner
-child or sibling previously adjudicated dependent as result of phys/sexual abuse, child returned, now removal due to phys/sexual abuse
-parent caused death of a child
-300(e) jurisdiction (severe abuse) [but keep in mind the standard is higher at dispo]
-for the same issue, parent failed to reunify in time [but its complicated if parent was young]
-parent has been convicted of a violent felony listed in PC 667.5
-parent has history of substance abuse and has resisted treatment during 3 years prior to filing petition
-parent does not want reunification services (but must sign judicial council form and court must find knowing and intelligent waiver)
-parent has been required to register as a sex offender
-parent has permitted or participated in exploitation of the child, except if coerced

Question 77

What does it mean if the court finds that 361.5(b) 3-4, 6-17 apply?

Answer 77

If any one of these apply, the court shall not provide reunification services unless the court finds, by clear and convincing evidence made by the parent/guardian, that reunification is in the best interest of the child

Question 78

What happens at dispo if the parent or guardian is incarcerated, institutionalized, or detained by the United States Department of Homeland Security, or has been deported? 361.5(e)

Answer 78

the court SHALL order reasonable services unless the court determines, by clear and convincing evidence, those services would be detrimental to the child. Factors to consider are listed

+but if, say, the parent will not be released for years this would demonstrate that providing services would be detrimental to the child

Question 79

What is the .26 hearing?

Answer 79

the selection and implementation hearing is where the permanent plan is selected since reunification with the parent was unsuccessful.

Question 80

When must the .26 hearing be held?

Answer 80

Within 120 days of either
-the date reunification services were denied via by-pass
-the date reunification services were terminated at the 6, 12, 18, 24 month review/permanency hearing

Assuming the other parent is not receiving services

Question 81

When must the notice of appeal be filed?

Answer 81

a notice of appeal must be made within 60 days after the making of an appealable order, if an order is pronounced in open court, the time to appeal from the order begins to run when the order is pronounced. Rule 8.406

Question 82

Which parents are not entitled to reunification services unless the court finds that provision of services will benefit the child?

Answer 82

Biological fathers. (§361.5(a).)
Biological fathers do not have a right to physical custody, which is why they don’t have the right to reunification services.
However, it may be in the child’s best interests to provide reunification services, especially if there is already a relationship. But an argument that it couldn’t hurt is alone insufficient.

Question 83

When reunification services are offered, what is the one service that must always be provided to the parent and the child?

Answer 83

Visitation.
+A failure to provide visitation is a failure to provide reasonable services designed to reunify the parent and child.
+Visitation should be as frequent as possible consistent with the well-being of the child. (§362.1(a)(1)(A).)
+The younger the child, the more frequent the visitation should be

Question 84

What is the basic structure of a dependency hearing?

Answer 84

1) This matter comes before the court for _______
2) There was a report filed on or about _______
3) We are asking the court to follow the recommendation ______

Question 85

What is the name of the form that can be filed that asks a social worker to investigate if a child is at risk of harm and if a dependency case should be started for that child.

Answer 85

JV-210

+This is usually used after a report has been made but nothing has been done

Question 86

Generally, what must be shown in a S 388 petition (JV-180)?

Answer 86

a change of circumstances or new evidence AND that proposed modifications are in best interest of the child

+Except in the case of a parent who is seeking to set aside prior proceeding due to lack of notice

Question 87

What is the showing that must be met in a S 388 petition (JV-180)?

Answer 87

If the court finds prima facie showing, it must set a hearing within 30 days. If not, the court may deny without a hearing

Question 88

What does WIC 369.5 say?

Answer 88

If a child is adjudged a dependent child of the court under Section 300 and the child has been removed from the physical custody of the parent under Section 361, only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for that child. The juvenile court may issue a specific order delegating this authority to a parent upon making findings on the record that the parent poses no danger to the child and has the capacity to authorize psychotropic medications. Court authorization for the administration of psychotropic medication shall be based on a request from a physician, indicating the reasons for the request, a description of the child’s diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.

Question 89

In an FM case, what is the approach going into the review hearing for the court?

Answer 89

Court must dismiss unless SW proves that conditions still exist which would justify the initial assumption of jurisdiction or that conditions are likely to exist if supervision is withdrawn

*If SW is recommending dismissal, burden of proof is on party objecting to the dismissal [In re Aurora P. (2015) 241 CA4 1142]

Question 90

In a FM review hearing, what is the legal significance of a parent’s failure to participate in services?

Answer 90

A parent’s failure to participate in services is prima facie evidence that conditions which justified initial jurisdiction still exist and that continued supervision is necessary

Question 91

Court must set .26 hearing within 120 days unless:

Answer 91

-366.22(b) applies
-by clear and convincing evidence child is not likely to be adopted and no one is willing to act as guardian
-dependent is or will be a nonminor by time of .26 and proposed permanent plan is not tribal customary adoption

Question 92

What should a parent do if they get their act together after services have been terminate but before the .26 hearing?

Answer 92

the parent should file a 388 petition (JV-180)

Question 93

What are the issues at a .26 hearing?

Answer 93

1) Is child likely to be adopted within a reasonable time (Agency’s burden by clear and convincing evidence)? If met…
2) Does at least one of the exceptions apply (parent has burden of proving one of these exceptions)?

If court finds the child is adoptable and no exception applies, the court MUST order adoption and termination of parental rights unless required preliminary findings not made or one of statutory bars to TPR applies

Question 94

What are the .26 exceptions?

Answer 94

-relative exception (child is living with relative)
-“parental benefit exception” (maintaining the relationship would cause such harm that it would outweigh benefits of adoption)
-Child’s consent exception (the child is 12 or older and objects to adoption)
-caregiver exception (current caregiver is unable or unwilling to adopt the child but still willing to keep the child long-term)
-sibling exception: adoption would be a substantial interference with sibling relationship [can be defeated by getting the adopting family to say there will be a continued relationship]
-indian child exception

Question 95

What are bars to TPR at a .26 hearing?

Answer 95

-the court never made a finding that reasonable services were provided
-ICWA: no finding at TPR hearing that “active efforts” were made
-ICWA: court did not make detriment finding beyond reasonable doubt
-the ct has not made at least one detriment finding against the parent by clear and convincing evidence

Question 96

What happens to a child if parental rights are terminated but the child is not adopted?

Answer 96

the child becomes a legal orphan

Question 97

If the court grants a legal guardianship, what findings or orders concerning the parents’ future contact must the court make.

Answer 97

The court must make an order for visitation between the parent(s) and the child unless the court makes a finding that visitation would be detrimental to the child.

Question 98

What is the scope of the court’s review at a post-.26 review hearing when the permanent plan ordered at the .26 hearing was adoption or guardianship?

Answer 98

The court is required to review the agency’s progress in finalizing the adoption or the guardianship to ensure that that they can be completed “as expeditiously as possible.”

Question 99

If the permanent plan is continued foster care with a goal of a more permanent placement, may the court order reunification services for the parents?

Answer 99

If the child has not been adopted and is not in a guardianship, the court may consider return to the parent as a more permanent plan. (§366.3(h)(1).)

Question 100

May the juvenile court terminate jurisdiction over a nonminor dependent who is not present in court?

Answer 100

No. Unless:
The nonminor does not wish to be present, OR
The social worker proves that the nonminor’s whereabouts are unknown and documents the reasonable efforts made to locate the nonminor

Question 101

May the court continue to exercise jurisdiction over a nonminor who does not want to be a dependent when the social worker’s recommendation is that it is in the best interests of the nonminor to remain under juvenile court jurisdiction?

Answer 101

No, the nonminor is an adult and may not be forced by the court to remain in a foster care placement involuntarily.
+But the social worker’s report must show that the nonminor was advised of the option to stay in, including the benefits of remaining in foster care, of right to reenter foster care up to age 21, and of procedure for doing so.

Question 102

What is a 600 case?

Answer 102

A delinquency case

Question 103

What are the three competing priorities of dependency law?

Answer 103

1) protect children who are at risk of harm
2) preservation of the family unit
3) the timely provision of a stable, permanent home for the child

+when other priorities are in conflict, protection of the child takes precedence
+Priority 2 is of such importance that CA Supreme Court has noted: “up until the time the section 366.26 is set, the parent’s interest in reunification is given precedence over the child’s need for stability and permanency.” [In re. Marilyn H] (1993)

Question 104

What is the general approach to delays in dependency matters? Where in the WIC code is this found?

Answer 104

delays are generally disfavored and are presumed to be detrimental (WIC 352)

Question 105

What is full custody?

Answer 105

sole physical custody + sole legal custody

Question 106

When does probate guardianship apply?

Answer 106

When neither parent can care for a child, but a private third party can

Question 107

Husband and Wife live together with their 10-year old daughter. Daughter discloses being molested by Father when Mother is away at work. Mother accuses daughter of lying and tells her “don’t say word to anyone.” Mother refuses to take any further action regarding the disclosure.
Minor informs maternal grandmother of the abuse and grandmother immediately files for temporary guardianship in the Probate Court.
Should the juvenile court get involved?

Answer 107

Probably not as the Probate court could sufficiently protect minor.

Question 108

What is the key inquiry for the court at a detention hearing?

Answer 108

Court cannot dismiss petition or rule on the sufficiency of allegations in the petition at the detention hearing. Only option for the court is affirm or release the detention, then schedule the jurisdiction hearing.

Question 109

What is the standard of proof required at the jurisdiction hearing?

Answer 109

preponderance of the evidence

Question 110

At what hearing (if demonstrated) does a child become a dependent?

Answer 110

disposition

Question 111

What is the legal standard at a status review hearing?

Answer 111

presumption that child will be returned home at status review hearings, unless agency can prove return would create a substantial risk of detriment by a preponderance of evidence.

Remember at dispo, removal requires clear and convincing evidence standard

Question 112

What is the purpose of family maintenance review hearings?

Answer 112

To determine if jurisdiction can be terminated and the case be dismissed, or if the family is in need of continuing services.

Question 113

What is the legal standard at a family review hearing?

Answer 113

there is a presumption that the case will be dismissed unless agency can establish, by preponderance of evidence, that the conditions that led to the initial assumption of jurisdiction still exist.

Question 114

What is the other name for a .26 hearing?

Answer 114

selection and implementation hearing

Question 115

When must the .26 hearing be held?

Answer 115

it must be held within 120 days since FR was terminated or not offered

Question 116

What does TPR stand for?

Answer 116

termination of parental rights

Question 117

What are the timeliness requirements for SW reports?

Answer 117

-disposition report = 48 hours before hearing
-detention report = should be filed at same time as petition, if possible
-all other reports = 10 days prior

Question 118

What are the two key US constitutional amendments that apply to dependency?

Answer 118

-4th A (search and seizure)
-14th A (due process)

Question 119

When is temporary protective custody of a child allowed?

Answer 119

temporary protective custody of a child is allowed if the government official determines exigency exists or with parental consent [Wallis v. Spencer (9th Cir. 1999)

Question 120

How long can protective custody last?

Answer 120

48 hours from the beginning of custody, excluding non-court days, unless a petition has been filed within this period

Question 121

If a social worker chooses not to file a petition, what may be an alternative?

Answer 121

informal supervision under WIC 301(a) and WIC 16505 et. seq.

Question 122

What is the JV number for a petition?

Answer 122

JV-100

Question 123

What must happen if the detention hearing is continued one day

Answer 123

there must be “interim detention” orders that include the finding “continuation in the home of the parent or guardian would be contrary to the welfare of the child.” WIC 319(c)). Without such a finding, the minor will not be eligible for Title IV-E foster care maintenance payments for the duration of the stay in foster care.

Question 124

What happens if the agency fails to meet its burden at the detention hearing?

Answer 124

If the agency fails to meet its burden, then the detention is released but the petition is not dismissed. (WIC 319). Jurisdiction hearing would then be scheduled within 30 calendar days.

Question 125

What is the purpose of the UCCJEA?

Answer 125

the purpose of UCCJEA is to limit the potential for competing orders/judgments involving child custody. There should be one order/judgment which all other states should afford full faith and credit.

Question 126

Appellate courts have held that a child born with a positive toxicology for alcohol or other dangerous drugs creates a legal presumption that the child falls within the jurisdiction of the juvenile court.

Answer 126

-“prenatal use of dangerous drugs by a mother is probative of future child neglect.” (In re Stephen W. (1990)

Question 127

What is section 300(i) jurisdiction?

Answer 127

act of cruelty

“The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of the child’s household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.”

+-”Cruelty” is not defined under the WIC. One approach is to ask whether the alleged act(s) of cruelty “shocks the conscience.” (In re D.C. (2011) 195 Cal.App.4th 1010, 1017).
+-excessive and improper discipline techniques (i.e. improper restraints, torture, shock collars, etc.).

Question 128

What is a sibling group?

Answer 128

two or more children who are related to each other as full or half siblings

Question 129

Child is detained from parents on January 1, 2023. Jurisdiction hearing is scheduled within 15 court days of detention (as required by law), but jurisdictional findings are not issued until March 15, 2023. What is the date the child entered foster care?

Answer 129

March 1, 2023 (60 days from detention, which is earlier than jurisdiction findings on March 15, 2023).

Date entered foster care (DEFC) = regardless of age, a child is deemed to have entered foster care on the earlier of the date of the jurisdictional findings OR 60 days from detention. (WIC 361.49)

Question 130

Child is detained from parents on January 1, 2023. Jurisdiction hearing is scheduled within 15 court days of detention (as required by law), but jurisdictional findings are not issued until February 1, 2023. What is the date the child entered foster care?

Answer 130

February 1, 2023 (date of jurisdictional findings).

Date entered foster care (DEFC) = regardless of age, a child is deemed to have entered foster care on the earlier of the date of the jurisdictional findings OR 60 days from detention. (WIC 361.49)

Question 131

Child is deemed to have entered foster care on February 1, 2023. Dispositional orders are made on March 1, 2023, where the court orders FR to be offered to the parents. When will the six-month review hearing be scheduled?

Answer 131

The six-month review hearing is calculated from disposition, so it will be scheduled on September 1, 2023.

Question 132

Child is deemed to have entered foster care on February 1, 2023. Dispositional orders are made on May 1, 2023, where the court orders FR to be offered to the parents. At the six-month review hearing on November 1, 2023, the court orders that reunification services are to be continued for the parents. When will the twelve-month review hearing be scheduled?

Answer 132

Unlike the six-month review which is calculated from date of disposition, the twelve-month review hearing (and 18/24-month review hearings if applicable) are calculated from the DEFC. So here, TMR = February 1, 2024.

Question 133

court may not circumvent statutory scheme for reunification even though it appears that reunification is doomed to failure (In re John B. (1984) 159 Cal.App.3d 268, 273 – 274).

Answer 133

/

Question 134

The case plan may also include requirements to address parental problems that will interfere with reunification even though the problems were not themselves sufficient to justify jurisdiction. The juvenile court is not limited to the content of the sustained petition when it considers what dispositional orders would be in the best interest of the minor. The court may consider the evidence as a whole. (In re Briana V. (2015) 236 Cal.App.4th 297, 311).

Answer 134

/

Question 135

Visitation must be as frequent as possible consistent with the well-being of the child… and “no visitation order shall jeopardize the safety of the child” (WIC 362.1(a)).

Answer 135

/

Question 136

even if a parent is bypassed and a .26 hearing is pending, they need to be offered visitation because this may allow them to preserve their parental rights (i.e. exception to adoptability). (WIC 361.5(f) and 366.2(h)). But court can always deny visitation due to detriment.

Answer 136

/

Question 137

The determination of the right to visitation is part of the judicial function and must be made by the court. However, the implementation and administration of the court’s visitation order may be properly delegated to the agency. These ministerial tasks that may be delegated include: the time, place, and manner of visitation. The court’s order CANNOT impermissibly delegate to the SW, child’s therapist, or other 3rd party unlimited discretion to determine whether visitation is to occur. (In re Donnovan J. (1997) 58 Cal.App.4th 1474, 1476-1478).

Answer 137

/

Question 138

The court cannot give the child control whether visitation occurs, although the child’s desires may be a dominant factor in the court’s determination as to visitation (In re D.B. (2020) 48 Cal.App.5th 613, 628).

Answer 138

/

Question 139

If no parents are offered FR at disposition, the disposition hearing also serves as a permanency hearing, where the court will order an alternative permanency plan (since reunification is off the table). A hearing under WIC 366.26 will then be scheduled (unless the court finds by C+C evidence that setting the .26 hearing is not in child’s best interest as they are not proper subject of adoption or guardianship. (WIC 361.5(f)).

Answer 139

/

Question 140

A parent’s failure to participate regularly and make substantive progress in a court ordered treatment program is prima facie evidence that return would be detrimental

However, just checking off boxes to satisfy the case plan may be insufficient

Answer 140

“Hence, the question whether to return a child to parental custody is not governed solely by whether the parent has corrected the problem that required court intervention; rather, the court must consider the effect such return would have on the child.”

In re Joseph B., 42 Cal. App. 4th 890, 901

The problem is not, as it were, quantitative (that is, showing up for counseling or therapy or parenting classes, or what have you) but qualitative (that is, whether the counseling, therapy or parenting classes are doing any good). These

Blanca P. v. Superior Court, 45 Cal. App. 4th 1738, 1748

Question 141

What is the standard for reasonable services?

Answer 141

The standard is not whether the services provided were the best that might be provided in an ideal world, but whether the services were reasonable under the circumstances.

The adequacy of reunification plans and the reasonableness of the SSA’s efforts are judged according to the circumstances of each case.

Robin V. v. Superior Court, 33 Cal. App. 4th 1158, 1164

Question 142

What is respite care?

Answer 142

Respite care is designed to give families a break from the day-to-day care involved in raising a child with special healthcare needs. Respite service allows parents to attend events for their other children, schedule appointments for themselves, or simply take time to recharge.

Question 143

What does THP stand for? What is THP-Plus?

Answer 143

Transitional Housing Placement Program. The THPP-M is a type of foster care placement for minors between the ages of 16 and 18 years old. The goal of THPP-M is to help participants emancipate successfully by providing a safe environment for youth, while learning skills that can promote self-sufficiency. Participants may live alone, with departmental approval, or with roommates in apartments or single-family dwellings, where a staff member from the housing provider lives on-site to provide supervision and assistance.

THP-Plus is a transitional housing program for young adults who exited foster care (including those supervised by the Juvenile Probation) on or after their 18th birthday. This program offers housing and supportive services for 36 cumulative months or until the age of 25, whichever comes first. The housing models and services offered are similar to those offered in THPP, but the rules of the program will be age appropriate for young adults.

Question 144

What does FFA stand for?

Answer 144

Foster family agency

Question 145

What does PF (puff) stand for?

Answer 145

psychiatric facility

Question 146

Where is juvenile court venue proper?

Answer 146

Any of the following:
-the county in which the minor resides
-the county where the minor is found
-the county in which the acts take place which are alleged to bring the minor within the provisions of WIC 300, 601, or 602

Question 147

What is a foundling?

Answer 147

A new-born child, abandoned by, its parents, who are unknown.

Question 148

What is the process for releasing a dependency file requested in a 827 petition?

Answer 148

Check that the person is qualified. Then confirm that no other state or federal laws prevent disclosure

Question 149

What is the CACI?

Answer 149

Child Abuse Central Index

Investigated reports of child abuse are forwarded to the CACI. These reports contain information related to substantiated cases of physical abuse, sexual abuse, mental/emotional abuse, and/or severe neglect of a child.

The information in the CACI is available to aid law enforcement investigations, prosecutions, and to provide notification of new child abuse investigation reports involving the same suspects and/or victims. Information also is provided to designated social welfare agencies to help screen applicants for licensing or employment in child care facilities and foster homes, and to aid in background checks for other possible child placements, and adoptions. Dissemination of CACI information is restricted and controlled by statute.

Information on file in the Child Abuse Central Index includes:

Names and personal descriptors of the suspects and victims listed on reports;
Reporting agency that investigated the incident;
The name and/or number assigned to the case by the investigating agency; and
Type(s) of abuse investigated

Question 150

What are the four possible outcomes possible at every dependency hearing, ranked by order of preference?

Answer 150

1) follow the recommendation
2) continue the hearing
3) set the matter for a contested hearing (usually 2-4 weeks away, except for detention hearings)
4) change the recommendation on the spot (only appropriate for exceptional circumstances)

Question 151

What does CLETS stand for?

Answer 151

California Law Enforcement and Telecommunications System

This is a computer network that gives police departments access to national databases maintained by the FBI, the DMV, and others. The system also provides law enforcement agencies with the capability to deliver messages among one another.

Question 152

What does CACI stand for in the dependency context?

Answer 152

Child Abuse Central Index

Question 153

What is a useful quote from In re Jessica G. (1997) 58 Cal.App.4th1, 8?

Answer 153

“The Legislature has determined that what is in the minor’s best interests is best realized through implementation of the procedures, presumptions, and timelines written into the dependency statutes.”

Question 154

What does SIJS stand for? What does it do?

Answer 154

Special Immigrant Juvenile Status. It allows qualifying immigrant children to obtain legal status with the assistance of the CA juvenile court. There are 7 elements that must be met, including 3 state court findings.

Question 155

What section of the code states: “[notwithstanding] the placement recommendation of the county placing agency, the court may authorize the placement of a child on an emergency basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child?”

Answer 155

WIC 361.4(b)(6)

Question 156

What needs to happen after a man is identified as an alleged father?

Answer 156

Each alleged father shall be provided notice at his last and usual place of abode by certified mail return receipt requested with JV 505.

Question 157

What is the authority for the court to make any and all reasonable orders?

Answer 157

WIC 362.
“If a child is adjudged a dependent child of the court on the ground that the child is a person described by Section 300, the court may make any and all reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the child, including medical treatment”

Question 158

Key language from:
#In Re N.R. CA SupCt 12/14/23

Answer 158

“…[F]or dependency jurisdiction to
exist due to substance abuse pursuant to section 300(b)(1)(D), this abuse must render a parent or guardian unable to provide
regular care for a child and either cause the child to suffer serious physical harm or illness or place the child at substantial
risk of suffering such harm or illness. These additional requirements function to limit the circumstances in which a parent’s or guardian’s substance abuse will support the exercise
of dependency jurisdiction under this provision.

Question 159

Do prospective adoptive parents have a right to court appointed counsel?

Answer 159

No.

“Prospective adoptive parents have rights under section 366.26, subdivision (n) to notice and the opportunity to object and to participate in the hearing, but they have no fundamental liberty interest in the child and no statutory or due process right to appointed counsel at the hearing.”
R.H. v. Superior Court (2012) 209 Cal.App.4th 364, 374–375 [147 Cal.Rptr.3d 8, 16], as modified (Aug. 30, 2012)

Question 160

What is SDM and what does it stand for?

Answer 160

Structured Decision Making (SDM) is a suite of web-based tools (WebSDM) used to help assess safety, risk, and family strengths and needs. This evidence- and research-based system identifies the key decision making points in the life of a child welfare case and uses structured assessments to improve the consistency, accuracy, and equity of each decision.

Question 161

Can a parent who is a registered sex offender under 361.5(b)(16) get FR?

Answer 161

Yes. WIC 361.5(c)(2) says “The court shall not order reunification for a parent or guardian described in paragraph (3), (4), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), or (17) of subdivision (b) unless the court finds, by clear and convincing evidence, that reunification is in the best interest of the child.”

Question 162

What is a “general placement order?”

Answer 162

When the court orders that the child be under the care of the social services agency with the agency having the discretion to place the child.

It is subject to the court’s review of placement decisions for abuse of discretion.

Question 163

Does a child need to be placed with a relative?

Answer 163

No. The relative placement just needs to be considered. If the court does not place the child with a relative who has been considered for placement, the court shall state for the record the reasons placement with that relative was denied.

Question 164

What does WIC 16507(b) state?

Answer 164

“Family reunification services shall only be provided when a child has been placed in out-of-home care, or is in the care of a previously noncustodial parent under the supervision of the juvenile court.”

Question 165

Holding of N.R.

Answer 165

The detriment determination [made at dispo, SMR, TMR etc] is necessarily made by reference to circumstances of the family involved, giving due consideration to the faults or shortcomings of the parents as well as the specific needs of the child. The dual considerations of parental capability and child needs permit—and indeed require—a child-by-child determination of parental fitness. Whereas a parent may be “fit” to have custody of one child, the same may not be true of a sibling with different needs.

(In re N.R. (2023) 87 Cal.App.5th 1187, 1201 [304 Cal.Rptr.3d 346].)

Question 166

What needs to be shown for a court to find that services were reasonable?

Answer 166

“the record should show that the supervising agency identified the problems leading to the loss of custody, offered services designed to remedy those problems, maintained reasonable contact with the parents during the course of the service plan, and made reasonable efforts to assist the parents in areas where compliance proved difficult (such as helping to provide transportation and offering more intensive rehabilitation services where others have failed).”

(In re Riva M. (1991) 235 Cal.App.3d 403, 414 [286 Cal.Rptr. 592].)

Question 167

What orders are needed when a case is being dismissed to an intact couple?

Answer 167

just termination orders; no need for custody orders

Question 168

What is the law on difficult to place children at a .26 hearing?

Answer 168

If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days

WIC 366.26(c)(3)

Question 169

Language in footnote in In re P.H.?

Answer 169

“The Department and the juvenile court may at times decide it is advisable to provide notice to tribes as a prudential matter even when such notice is not statutorily required. That is to be encouraged, and a rule mandating reversal any time such voluntarily provided notice is imperfect would not encourage the practice.”

Question 170

What is something to consider if the SW is being harrased?

Answer 170

-CCP 527.6. Civil Harassment Restraining Order
-WIC 213.5 if against a party (Look at JV-245)

Question 171

What is the best practice when a NMD is turning 21?

Answer 171

To set a hearing as close to the 21st birthday as possible for the court to terminate jurisdiction. However, it seems like some courts set the hearing after too.

Question 172

What are the placing agency’s obligations when parental rights are terminated, the child is placed for adoption, and the siblings are placed separately?

Answer 172

Follow WIC 16002(e)
-Include in training provided to prospective adoptive parents information about the importance of sibling relationships to the adopted child and counseling on methods for maintaining sibling relationships.
-Provide prospective adoptive parents with information about siblings of the child, except the address where the siblings of the children reside. However, this address may be disclosed by court order for good cause shown.
-to the extent practicable, the county placing agency shall convene a meeting with the child, the sibling or siblings of the child, the prospective adoptive parent or parents, and a facilitator for the purpose of deciding whether to voluntarily execute a postadoption sibling contact agreement

Question 173

Why is due process required in a dependency proceeding?

Answer 173

Because the right to parent is a fundamental right, dependency
proceedings must comport with the fundamental requirements
of due process (i.e., notice and a fair opportunity to participate in the proceedings)

Question 174

When crafting a visitation order how much of a factor can be given to a child’s aversion to visiting a parent?

Answer 174

“a child’s aversion to visiting an abusive parent may be a “dominant” factor in administering visitation, but it [cannot] be the sole factor. “ Therefore, the child cannot have absolute discretion to decide whether there will be visits.

In re Julie M. (1999) 69 Cal.App.4th 41

Question 175

Is a bonding study required? Must it be raised in the trial court? Can a court deny a bonding study if it would necessitate a delay?

Answer 175

A bonding study is not required under the code or case law, but may be requested by a parent and ordered by the court if the facts suggest/support that request. (In re Lorenzo C. (1997) 54 Cal.App.4th 1330, 1339-1340.

Appellant waives the issue of a bonding assessment for
purposes of appeal by not asking the juvenile court to order a
bonding study before termination of his/ her parental rights. (Id)

The best practice is to ask for a bonding study at the hearing in which FR is terminated. (In re Richard C. (1998) 68 CA4 1191)

The juvenile court can properly deny a request for a bonding study when it would necessitate a delay. (In re Richard C. (1998) 68 Cal.App.4th 1191, 1197.)

Question 176

What is the Agency’s typical approach to noticing?

Answer 176

The Department is responsible for noticing for all hearings except for Juris and Dispo. The Court currently completes the notices for Juris and Dispo. The Department sends notices for all other hearings.

Question 177

What is the takeaway from Caden C?

Answer 177

Provides the three elements of the parental-benefit exception the parent must show:
1) they maintained regular visitation and contact with the child, taking into account the extent of visitation permitted.
2) the child has a substantial, positive, emotional attachment to the parent – the kind of attachment implying that the child would benefit from continuing the relationship.
3) terminating that attachment would be so detrimental to the child that the detriment would outweigh the benefits of a permanent adoptive home.

Question 178

What is the legal standard to terminate FR services when the child is under 3?

Answer 178

1) By clear and convincing evidence reasonable services were offered AND
2) By CCE the parent failed to participate regularly and make substantive progress in case plan
3) If the above is shown, then the court must continue FR if, by a preponderance of evidence, there is a substantial probability the child may be returned by the 12 month review hearing

Question 179

What are the 3 independent legal standards to terminate FR services when the child is 3 or older?

Answer 179

Option 1) The child must have been removed under WIC 300(g) and the parent’s whereabouts remain unknown

Option 2) By CCE, the parent has failed to contact and visit the child

Option 3) By CCE, the parent was convicted of felony indicating parental unfitness

Question 180

Do both psych evals need to say the parent would not benefit from services to use the bypass?

Answer 180

I know there is a view that all we need is one psych eval of the two that says the parent would not benefit from services. However, it does not mean that the parent can automatically be bypassed

“Reunification services need not be provided to a parent or guardian described in this subdivision when the court finds, by clear and convincing evidence… That the parent or guardian is suffering from a mental disability…that renders the parent or guardian incapable of utilizing those services.”

If one psych eval says they cannot benefit from services and another says they may be able to benefit from services, there is an arguable bypass, but there is no guarantee that the court will find that there is clear and convincing evidence to do so

Question 181

What is required by WIC 16002 et seq?

Answer 181

When children are not placed together, the SW must explain why they have not been placed together, what efforts are being made to do so, or explain why placement together is inappropriate. Additionally, the court needs to consider the issue of sibling visitation as well. Not only is this assessment required at detention and disposition, but also at every subsequent review hearing.

Question 182

What is CA’s approach to adoptions?

Answer 182

California courts follow a general policy of closed adoptions meaning the court cannot order postadoptive visitation. Due to the need for the adoptive family to solidify their relationship within the family, the adoptive family has the discretion to determine what is in the child’s best interest.

Question 183

What section of the code deals with disqualifications of judges?

Answer 183

CCP 170.6

Question 184

What is the language found in WIC 352 (b) regarding continuances of dispo hearings beyond 60 days from detention hearing?

Answer 184

“if a minor has been removed from the parents’ or guardians’ custody, a continuance shall not be granted that would result in the dispositional hearing, held pursuant to Section 361, being completed longer than 60 days, or 30 days in the case of an Indian child, after the hearing at which the minor was ordered removed or detained, unless the court finds that there are exceptional circumstances requiring a continuance. … The facts supporting a continuance shall be entered upon the minutes of the court. The court shall not grant continuances that would cause the hearing pursuant to Section 361 to be completed more than six months after the hearing pursuant to Section 319.

Question 185

What is the procedure to change the permanent plan?

Answer 185

If circumstances have changed since the permanent plan was ordered, the court may order a new .26 hearing at any regularly scheduled subsequent review hearing, or any party may use a JV-180 at any time.[WIC 366.3]

Question 186

What is the authority on members of the public viewing dependency proceedings?

Answer 186

Unless requested by a parent or guardian and consented to or requested by the minor concerning whom the petition has been filed, the public shall not be admitted to a juvenile court hearing. The judge or referee may nevertheless admit such persons as he deems to have a direct and legitimate interest in the particular case or the work of the court.

Question 187

What is NELP?

Answer 187

The Nurturing Early Learning Program

This program provides parents who have a child 6 or under with parenting education. Topics include: child development, positive discipline, and information about early trauma intervention and prevention.

Question 188

When and where is NELP held?

Answer 188

Thursdays 12-2 at the playzeum.

12-1: parent education
1-2: parent-child interaction

Question 189

What language should the sw say when subpoenaed and asked to answer possibly confidential information.

Answer 189

“Your honor, the answer to the question may require that I disclose confidential information. Is the court authorizing me to do so?”

Question 190

What is the CASA de Esperanza Counseling Center?

Answer 190

The CASA de Esperanza counseling center provides free counseling services for those impacted by domestic violence, sexual assault, sex trafficking, and child abuse

Question 191

What should you do if time has run out (and services cannot be extended), but it is in the minor’s best interest to keep reunification open (because the child is not adoptable and there is no available guardian)?

Answer 191

Recommend terminating FR services but do not set a .26 hearing (as authorized by WIC 366.21(g)(5)(A)). The court would then not be able to consider terminating parental rights and any party would be able to file a JV-180 once the minor is in a position to go home.

Question 192

What are the rules on offers of proof?

Answer 192

For an offer of proof to enter as testimonial evidence the general rule is that it must be both sworn and must be stipulated as “offers of proof are subject to the same evidentiary objections as live testimony.” (Denny H. v. Superior Court (2005) 131 Cal.App.4th 1501, 1513 [33 Cal.Rptr.3d 89].). Specifically, both parties must stipulate that the offer of proof be treated as evidence. (Espinoza v. Calva (2008) 169 Cal.App.4th 1393, 1398 [87 Cal.Rptr.3d 492].). Furthermore, the witness typically must be present unless the parties stipulate otherwise. (See e.g., Denny H. 1513).

Question 193

What form is a “Placing Agency’s Request for Review of Placement in Short-Term Residential Therapeutic Program or Community Treatment Facility?”

Answer 193

JV-235

Question 194

What happens once a child is placed in an STRTP?

Answer 194

Within 5 calendar days of placement, the SW must file a JV-235 (Request for Review of STRTP Placement) and a JV-236 (Input on Placement) to the required individuals.

The review hearing must be set within 45 days of placement.

The SW must file and serve a placement hearing report no later than 7 calendar days before the hearing.

Question 195

Why is it better for the court to identify adoption as the permanent placement goal for a difficult to place child rather than continue the .26 hearing?

Answer 195

The benefit of identifying adoption as the permanent plan for a difficult to place child is that the court would have already determined that TPR is not detrimental and that the child is likely to be adopted…so by the time the continued .26 comes around, the court should have no problem terminating parental rights unless the parent(s) come forward with some really compelling evidence to change the court’s mind. Whereas, if we simply continued the .26 hearing, we would need to meet our burden of proof to show that the child is adoptable and that it would not be detrimental to order TPR when we come back in 6 months.

Question 196

What is a best practice when an interim review hearing is being set?

Answer 196

Since interim review hearings are not statutorily prescribed, there is no requirement of what the SW must put in the report (not that a report is even needed). Therefore, it is best to ask counsel if there is anything in particular they are requesting to know.

Question 197

Based on local practice, when should an alleged dad be provided counsel?

Answer 197

If an alleged father comes to court, then he must be appointed counsel for the limited purpose of pursuing paternity irrespective of any DNA test results, because a person can still qualify as a presumed father under Family Code 7611(d) even if he is not the biological father.

This approach would be consistent with the California Supreme Court’s decision in Salas v. Cortez, 593 P.2d 226, that due process requires appointment of counsel to represent indigent defendants in paternity proceedings in which the state appears as a party or appears on behalf of a mother or child. While this case doesn’t involve a dependency action, the rationale of the court would seemingly apply in a dependency context where the juvenile court is making a finding of paternity or non-paternity.

Question 198

What is the law on waiver of rights at juris?

Answer 198

Cal. Rules of Ct., Rule 5.682(e) requires that if a parent is admitting, pleading no contest, or submitting as to the petition for jurisdictional purposes, that the court must first give the requisite advisements of rights and take a waiver of said rights.

Judicial council form JV-190 is the mandatory form for the waiver of rights. I would note that this waiver would not be needed if the parent is objecting to jurisdiction without presenting evidence.

Question 199

What is best practice when dealing with a production order?

Answer 199

1) In Sutter Co, the court issues the production order so we won’t need to file it. BUT, we should follow up on the status of the production order about a week before the next hearing. That would mean the SW reaching out to the jail to see if they are planning to transport her, or in the alternative, arrange for a remote/telephonic appearance

Question 200

What services should be provided when a parent is in jail?

Answer 200

Send the parent jail packets and determine if some sort of reasonable visitation can be set up (in person or telephonic), AND IF NOT, some justification to show that we’re being reasonable (ie the jail doesn’t allow it, age etc).

Question 201

What is language to be used at a .26 hearing that is being continued when the child is difficult to place?

Answer 201

The Court Finds that termination of parental rights is not detrimental to the minor and that the child is likely to be adopted, but is difficult to place and there is no identified or available prospective adoptive parent at this time.

The court finds that Mother [insert name here] and Presumed Father [insert name here] were properly noticed of today’s hearing, and thereby authorizes notice of the continued hearing date by way of first-class mail to any last known address pursuant to WIC 294(d). Alternatively, the court dispenses with notice of the continued hearing date as re-publishing notice of the hearing is not likely to lead to actual notice to the parents as evidenced by the parents’ non-appearance at today’s hearing despite having been served by publication.

Question 202

What is “prima facie evidence?”

Answer 202

“Prima facie evidence is that ‘which suffices for the proof of a particular fact,
until contradicted and overcome by other evidence.’” (In re Raymond G. (1991) 230
Cal.App.3d 964

Question 203

What are the five ways a man can qualify as a presumed father?

Answer 203

1. He was married to the child’s mother at the time of the child’s birth (or the child was born within 300 days of separation). (Fam. Code § 7540)
2. He and the mother are over 18 years old, are not married to anyone else and complete and file a Voluntary Declaration of Paternity. (Fam. Code § 7573)
3. He married the child’s mother after the child’s birth and is either named on the child’s birth certificate or has a voluntary or court-ordered child support obligation. (Fam. Code § 7611(c))
4. He has lived with the child and held himself out as the child’s father, (Fam. Code § 7611(d)) or
5. He and the mother have signed a voluntary declaration of parentage under Family Code § 7570.

Question 204

When does the court assess visitation?

Answer 204

At every status review hearing, the court must assess whether orders for visitation are appropriate and are being implemented

Question 205

What is the standard at a TMR to get further services?

Answer 205

The court must find a “substantial probability of return.” To do so, all of the following must be shown by the parent:
- Consistently contacted and/or visited the child;
- Made significant progress in resolving the problems that led to removal; and
- Demonstrated the capacity and ability to complete the case plan and to
provide for the child’s safety and medical, physical, and special needs.
(WIC 366.21(g)(1));

Question 206

What is Kin-GAP?

Answer 206

Kinship Guardianship Assistance Payment (Kin-GAP) – Kin-GAP is a cash aid program that supports eligible relative caregivers in California who are unable or unwilling to adopt but instead become legal guardians as the permanency option for exiting the child welfare system. Kin-GAP was established effective January 1, 2000 for children whose California Juvenile Court dependency is terminated in favor of guardianship with the relative caregiver.

Question 207

What are the 5 participation criteria to stay a NMD?

Answer 207

1. The nonminor is completing secondary education or a program leading to an
   equivalent credential.
2. The nonminor is enrolled in an institution which provides postsecondary or vocational education.
3. The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.
4. The nonminor is employed for at least 80 hours per month.
5. The nonminor is incapable of doing any of the activities described above due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor.

Question 208

In Re. R.M. lessons on 300(g) cases?

Answer 208

• A parent’s incarceration alone is not enough to sustain a 300(g) allegation. There must be a showing that the parent is incapable of arranging for care.
• It is not even required that the arranged care be deemed suitable. (In re. M.R.)
• It is possible if the parent is disengaged/disinterested, that the court could infer that the parent is incapable of arranging for care.
• There is no requirement that the parent make advanced plans for care of the child.

Question 209

When should dismissal orders be issued?

Answer 209

Dismissal orders should be issued anytime there are NO custody orders being issued

Question 210

What is the general approach to psych evals?

Answer 210

I would encourage CWS to request psych evals of a parent anytime there is reason to believe that the parent suffers from a substantial mental disability that could affect their ability to reunify, not just when we are looking to bypass under WIC 361.5(b)(2). Once the evaluation has been completed, we would be able to either come up with an appropriate case plan or, in the alternative, get the first of 2 required assessments needed to pursue to a bypass.

There’s case law that talks about when a parent with mental health issues or developmental disabilities is being offered FR, that their MH or DD has to be the “starting point” and that their case plan must be tailored to accommodate their unique needs. (Patricia W. (2016) 244 Cal.App.4th 397). In the Patricia W. case, the court found that the agency failed to provide reasonable services by not obtaining a clear mental health diagnosis, failed to obtain a psych eval and/or MH assessment, and failed to adjust the case plan accordingly.

I recognize that many of our parents suffer from MH issues, and this isn’t to suggest that CWS should be requesting (and paying) for a large amount of psych evals. But I do think that we should be doing so when a parent has pretty obvious or substantial deficits, which seems to be the case here.

Question 211

When is a child deemed to be “difficult to place?”

Answer 211

“For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the child’s membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.” WIC 36626(c)(3)

Question 212

Evidence Code 777?

Answer 212

(a) Subject to subdivisions (b) and (c), the court may exclude from the courtroom any witness not at the time under examination so that such witness cannot hear the testimony of other witnesses.

(b) A party to the action cannot be excluded under this section.

(c) If a person other than a natural person is a party to the action, an officer or employee designated by its attorney is entitled to be present.

Question 214

What findings need to be made when continuing a detention hearing?

Answer 214

-continuance in the home is contrary to the child’s welfare
-reasonable efforts have been made to prevent the need for removal
-orders the minor detained and committed to CWS pending further hearing
-responsibility for placement and care is vested with CWS

Question 215

When do parents have the statutory right to be transported to a dependency proceeding?

Answer 215

-a .26 hearing terminating parental rights and
-a dispo hearing seeking to adjudicate the child a dependent

[PC 2625]

*But of course the court may still expect the parent to be there for other hearings
*This only applies if the parent is in a CA institution