Dependency Flashcards

Question

What are the rights of biological fathers?

Answer 1

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.

Answer 2

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

Answer 3

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.

Answer 4

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.

Answer 5

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.

Answer 6

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[.]"

Answer 7

Alysha S motion (or motion "akin to demurrer")

Answer 8

-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

Answer 9

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]

Answer 10

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)

Answer 11

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

Answer 12

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.

Answer 13

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

Answer 14

traumatic brain injury

Answer 15

protective custody warrant

Answer 16

Commercial Sexual Exploitation of Children

Answer 17

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

Answer 18

Interstate Compact on the Placement of Children

Answer 19

detain or no-detain

Answer 20

FM, FR, by-pass

Answer 21

Detention before disposition. Removal after disposition. *Remember: Dr.

Answer 22

In re. Pedro Z. (2010)

Answer 23

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

Answer 24

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”

Answer 25

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

Answer 26

"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)

Answer 27

"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.

Answer 28

-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

Answer 29

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”).

Answer 30

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

Answer 31

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

Answer 32

-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

Answer 33

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.”

Answer 34

child and family team. It is supposed to provide input into the case plan and placement decisions

Answer 35

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

Answer 36

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

Answer 37

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

Answer 38

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

Answer 39

-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

Answer 40

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.

Answer 41

-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)]

Answer 42

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.

Answer 43

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

Answer 44

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

Answer 45

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

Answer 46

it starts running on the date of the disposition hearing

Answer 47

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)

Answer 48

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

Answer 49

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)

Answer 50

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

Answer 51

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

Answer 52

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

Answer 53

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

Answer 54

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

Answer 55

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

Answer 56

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.

Answer 57

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

Answer 58

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 ______

Answer 59

JV-210 +This is usually used after a report has been made but nothing has been done

Answer 60

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

Answer 61

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

Answer 62

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.

Answer 63

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]

Answer 64

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

Answer 65

-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

Answer 66

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

Answer 67

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

Answer 68

-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

Answer 69

-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

Answer 70

the child becomes a legal orphan

Answer 71

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.

Answer 72

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.”

Answer 73

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).)

Answer 74

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

Answer 75

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.

Answer 76

A delinquency case

Answer 77

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)

Answer 78

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

Answer 79

sole physical custody + sole legal custody

Answer 80

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

Answer 81

Probably not as the Probate court could sufficiently protect minor.

Answer 82

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.

Answer 83

preponderance of the evidence

Answer 84

disposition

Answer 85

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

Answer 86

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

Answer 87

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.

Answer 88

selection and implementation hearing

Answer 89

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

Answer 90

termination of parental rights

Answer 91

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

Answer 92

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

Answer 93

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)

Answer 94

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

Answer 95

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

Answer 96

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.

Answer 97

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.

Answer 98

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.

Answer 99

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

Answer 100

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.).

Answer 101

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

Answer 102

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)

Answer 103

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)

Answer 104

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

Answer 105

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.

Answer 106

"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

Answer 107

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. In re Misako R., 2 Cal. App. 4th 538, 547 ---- 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

Answer 108

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.

Answer 109

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.

Answer 110

Foster family agency

Answer 111

psychiatric facility

Answer 112

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

Answer 113

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

Answer 114

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

Answer 115

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

Answer 116

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)

Answer 117

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.

Answer 118

Child Abuse Central Index

Answer 119

"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."

Answer 120

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.

Answer 121

WIC 361.4(b)(6) At a minimum it should be used when the placement is against the Agency's recommendation; out of an abundance of caution it should be done anytime the placement is not yet RFA approved

Answer 122

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

Answer 123

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"

Answer 124

"...[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.

Answer 125

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)

Answer 126

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.

Answer 127

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.”

Answer 128

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.

Answer 129

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.

Answer 130

"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."

Answer 131

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].)

Answer 132

"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].)

Answer 133

just termination orders; no need for custody orders

Answer 134

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)

Answer 135

“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.”

Answer 136

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

Answer 137

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.

Answer 138

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

Answer 139

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)

Answer 140

"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

Answer 141

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.)

Answer 142

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.

Answer 143

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.

Answer 144

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

Answer 145

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

Answer 146

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

Answer 147

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.

Answer 148

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.

Answer 149

"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.

Answer 150

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]

Answer 151

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.

Answer 152

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.

Answer 153

Thursdays 12-2 at the playzeum. 12-1: parent education 1-2: parent-child interaction

Answer 154

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

Answer 155

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

Answer 156

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.

Answer 157

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).

Answer 158

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.

Answer 159

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.

Answer 160

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.

Answer 161

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.

Answer 162

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.

Answer 163

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

Answer 164

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).

Answer 165

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.

Answer 166

"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

Answer 167

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.

Answer 168

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

Answer 169

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));

Answer 170

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.

Answer 171

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.

Answer 172

* 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.

Answer 173

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

Answer 174

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.

Answer 175

"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)

Answer 176

(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.

Answer 177

-continuance in the home is contrary to the child’s welfare -reasonable efforts have been made to prevent the need for removal -responsibility for placement and care is vested with CWS The court can make additional findings but they are not strictly necessary

Answer 178

-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

Answer 179

SWs are entitled to absolute immunity for discretionary decisions (e.g., decision to request PCW) SWs are NOT entitled to absolute immunity for mandatory decisions/acts (Eg., A SW could be sued for lying or not following noticing requirements)

Answer 180

SMR the court always has discretion to continue services (except for bypasses); TMR if the factors are not present, the court cannot extend services (In re. F.K. (2024))

Answer 181

"a person who has been found by the court to have assumed, on a day-to-day basis, the role of parent, fulfilling both the child's physical and psychological needs for care and affection, and who has assumed that role for a substantial period."" (CRC 5.502(10))

Answer 182

any unmarried person under 18 years of age who is either -a member of an Indian tribe or -eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe." (CRC 5.502(19))

Answer 183

"two or more children related to each other by blood, adoption, or affinity through a common legal or biological parent." (CRC 5.502(37))

Answer 184

A jurisdiction finding under section 300, subdivision (b)(1), requires the Department to prove three elements: (1) the parent’s or guardian’s neglectful conduct or failure or inability to protect the child; (2) causation; and (3) serious physical harm or illness or a substantial risk of serious physical harm or illness.” (In re Cole L., supra, 70 Cal.App.5th at p. 601.)

Answer 185

In re Gabriel K. (2012) 203 Cal.App.4th 188, 197 [“[o]ne cannot correct a [drug] problem one fails to acknowledge”].

Answer 186

while California's dependency law does not categorically forbid courts from extending services past 18 months, neither does it require them to do so in every case in which they find reasonable services were not offered in the most recent review period. Rather, once a child has already been out of the parent's custody for 18 months, the law vests the juvenile court with responsibility for determining how to proceed after considering the circumstances of the case and the best interests of the child.

Answer 187

CRC 5.530. Notably social workers are entitled to be present and therefore should not be excluded from contested proceedings

Dependency Flashcards

(227 cards)