Helpful Law Flashcards
(111 cards)
1
Q
What is a Section 342 Petition called? What is it?
A
A subsequent petition.
A WIC 342 petition is filed when new facts or circumstances allege additional grounds for jurisdiction
2
Q
Definition of de facto parent?
A
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.”
3
Q
When must the initial hearing for a child who remains in the custody of the parent/guardian be set?
A
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.
4
Q
When must the jurisdictional hearing for a child who remains in the custody of the parent/guardian be set?
A
The jurisdiction hearing must be set within 30 calendar days of the filing of the petition for a child not in custody
5
Q
When must the jurisdictional hearing be set if a child has been taken from their home and placed into protective custody?
A
The jurisdiction hearing must be set within 15 court days of the detention order
6
Q
What is a Section 387 Petition called? What is it?
A
A supplemental petition.
A supplemental petition must be used if petitioner concludes that a previous disposition has not been effective in the protection of a child declared a dependent under section 300 and seeks a more restrictive level of physical custody (e.g., a relative to foster home or foster home to group home). A § 387 petition follows the same timelines and procedures as an initial petition.
7
Q
If a child is removed, when must the petition be filed?
A
The petition must be filed within 48 hours of removal, excluding noncourt days
8
Q
Who must receive notice of an initial hearing?
A
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
9
Q
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.
A
JV-505
Statement Regarding Parentage
10
Q
What is the name of the form which is sent to imprisoned possible parent?
A
JV-450 and JV-451
11
Q
What dees the GAL do?
A
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
12
Q
What is the section that creates a rebuttable presumption that physical or legal custody to a perpetrator of DV is detrimental to the child?
A
Fam 3044
13
Q
What is a biological father?
A
The genetically related parent of the child, but has not taken the steps necessary to become the legal father pursuant to Fam. Code 7611
14
Q
What are the rights of alleged parents?
A
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.
15
Q
What are the rights of biological fathers?
A
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.
16
Q
Use of word “parent” in dependency statutes means legal parent
A
In re Zacharia D. (1993) 6 C.4th 435
17
Q
What is a Kelsey S. father?
A
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.
18
Q
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?
A
Alysha S motion (or motion “akin to demurrer”)
19
Q
What is a NREFM?
A
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]
20
Q
What is section 300(a) jurisdiction?
A
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)
21
Q
What is section 300(b) jurisdiction?
A
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.
22
Q
What are the four statutory means to show neglect?
A
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
23
Q
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?
A
In re. Pedro Z. (2010)
24
Q
What is section 300(c) jurisdiction?
A
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
25
What is section 300(d) jurisdiction?
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”
26
What is section 300(e) jurisdiction?
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
27
What is section 300(f) jurisdiction?
“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)
28
What is section 300(g) jurisdiction?
“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.
29
What is section 300(j) jurisdiction?
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”).
30
What is the key holding of in Re Malinda S.?
A social study prepared by a probation officer that contained hearsay was nonetheless admissible for the purpose of establishing jurisdiction
31
When is hearsay in a report admissible to prove jurisdictional allegations?
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
32
Who are the inherently credible 4?
-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
33
What is the custodial parent?
the parent with whom the child resided at the time the petition was filed
34
At disposition, what is the standard that must be shown for removal from custodial parent?
the court must find by clear and convincing evidence one of the following circumstances found in 361(c)
35
At disposition, what must the court find under 361(c)(1)
There is or would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the minor if the minor were returned home, and there are no reasonable means by which the minor’s physical health can be protected without removing the minor
36
What reports does CoCo ask to be admitted into evidence at a JD hearing?
We request the Court to enter into evidence the detention report, any amended petitions, the JD report and any other 6.7 reports or addendum reports.
37
After removal of a child, if a noncustodial parent wants custody, what is the standard?
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.
38
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?
-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)]
39
What does ACE stand for?
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
40
When is an expedited ICPC placement available?
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
41
When does the time start running on the 12 month?
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)
42
What does it mean if the court finds that 361.5(b) 3-4, 6-17 apply?
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
43
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)
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
44
Generally, what must be shown in a S 388 petition (JV-180)?
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
45
In an FM hearing, what is the default for the court?
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]
46
What are the issues at a .26 hearing?
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
47
What are bars to TPR at a .26 hearing?
-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
48
May the juvenile court terminate jurisdiction over a nonminor dependent who is not present in court?
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
49
What are the three competing priorities of dependency law?
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)
50
What is the general approach to delays in dependency matters? Where in the WIC code is this found?
delays are generally disfavored and are presumed to be detrimental (WIC 352)
51
When does probate guardianship apply?
When neither parent can care for a child, but a private third party can
52
What is the key inquiry for the court at a detention hearing?
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.
53
What is the legal standard at a status review hearing?
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.
54
What are the timeliness requirements for SW reports?
-disposition report = 48 hours before hearing
-detention report = should be filed at same time as petition, if possible
-all other reports = 10 days prior
55
What are the two key US constitutional amendments that apply to dependency?
-4th A (search and seizure)
-14th A (due process)
56
When is temporary protective custody of a child allowed?
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)
57
How long can protective custody last?
48 hours from the beginning of custody, excluding non-court days, unless a petition has been filed within this period
58
What happens if the agency fails to meet its burden at the detention hearing?
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.
59
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.
-“prenatal use of dangerous drugs by a mother is probative of future child neglect.” (In re Stephen W. (1990)
60
What is section 300(i) jurisdiction?
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.).
61
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?
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)
62
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?
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)
63
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?
The six-month review hearing is calculated from disposition, so it will be scheduled on September 1, 2023.
64
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?
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.
65
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).
/
66
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).
/
67
“no visitation order shall jeopardize the safety of the child” (WIC 362.1(a)).
/
68
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).
/
69
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).
/
70
Blanca P. v. Superior Court, 45 Cal. App. 4th 1738, 1748
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).
71
What is the standard for reasonable services?
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
72
Where is juvenile court venue proper?
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
73
A new-born child, abandoned by, its parents, who are unknown?
foundling
74
What is a useful quote from In re Jessica G. (1997) 58 Cal.App.4th1, 8?
“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.”
75
What does SIJS stand for? What does it do?
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.
76
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?”
When should it be used?
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
77
What is the authority for the court to make any and all reasonable orders?
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”
78
Key language from:
#In Re N.R. CA SupCt 12/14/23
“…[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.
79
Can a parent who is a registered sex offender under 361.5(b)(16) get FR?
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.”
80
What is a “general placement order?”
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.
81
What does WIC 16507(b) state?
“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.” [FR does not need to be provided when in FM]
82
What needs to be shown for a court to find that services were reasonable?
“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].)
83
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.)
/
84
What is the takeaway from Caden C?
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.
85
What are the 3 independent legal standards to terminate FR services when the child is 3 or older?
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
86
What is required by WIC 16002 et seq?
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.
87
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)?
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.
88
What happens once a child is placed in an STRTP?
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.
89
What services should be provided when a parent is in jail?
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).
90
What are the five ways a man can qualify as a presumed father?
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.
91
What is the standard at a TMR to get further services?
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));
92
What is Kin-GAP?
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.
93
In Re. R.M. lessons on 300(g) cases?
-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.
94
When do parents have the statutory right to be transported to a dependency proceeding?
-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
95
When can SWs be sued?
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)
96
Definition of de facto parent?
“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))
97
Definition of an Indian child?
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))
98
What is a sibling group?
“two or more children related to each other by blood, adoption, or affinity through a common legal or biological parent.” (CRC 5.502(37))
99
What are the three things that must be shown in a 300(b)(1) case?
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.)
100
What law discusses who is entitled to be present?
CRC 5.530. Notably social workers are entitled to be present and therefore should not be excluded from contested proceedings
101
What section of the Fam Code allows TPR for abandonment?
FAM 7822
102
103
Can parents be ordered to testify?
"Although parents and guardians have a right to assert the privilege against self incrimination Cal Rules of Ct. Rules 5.534(g)(1(A), the immunity the parent and guardian either has or may be granted for any testimony given by them in dependency proceedings [WIC 355.1(f); Cal. Rules of Ct., Rules 5.548(d)], means the parents CAN be ordered by the court to testify even when such testimony is against the parent or guardian's interest. [see In re Amos L. (1981) 123 Cal. App. 3d 1031, citing WIC 355.1(f).] As such, attorneys for parents and guardians should prepare their clients for the possibility of testimony even if they do not intent to call the parent or guardian to testify in his or her own behalf."
104
In re A.F. 102 Cal.App.5th 778
court can assert jurisdiction even if based on allegations on alleged dad????
105
Good case law when a parent denies the allegation?
“[D]enial is a factor often relevant to determining whether persons are likely to modify their behavior in the future. (In re A.F. (2016) 3 Cal.App.5th 283, 293.) One cannot correct a problem one fails to acknowledge. (In re Gabriel K. (2012) 203 Cal.App.4th 188, 197.)
106
what is the statutory support for time limits to offering FR services?
"for a child who, on the date of initial removal from the physical custody of the child's parent or guardian, was three years of age or older, court-ordered services shall be provided beginning with the dispositional hearing and ending 12 months after the date the child entered foster care as provided in Section 361.49, unless the child is returned to the home of the parent or guardian." (WIC 361.5(a)(1)(A)"
"For a child who, on the date of initial removal from the physical custody of the child's parent or guardian, was under three years of age, court-ordered services shall be provided for a period of 6 months from the dispositional hearing as provided in subdivision (e) of Section 366.21, but no longer than 12 months from the date the child entered foster care, as provided in Section 361.49, unless the child is returned to the home of the parent or guardian." (WIC 361.5(a)(1)(B)
107
What legal support says when you go into FM, no FR needs to be provided?
When a child is retained with a parent, WIC362 applies.
"The services referred to in section 362, subdivision (b), are not reunification services but family maintenance services, which are provided “in order to maintain the child in his or her own home” (§ 16506), and are available to families “whose child or children have been adjudicated a dependent of the court under Section 300, and where the court has ordered the county welfare department to supervise while the child remains in the child's home” (§ 16506, subd. (a))."
[In re Pedro Z., 190 Cal. App. 4th 12, 20 (2010)
108
109
What is the legal authority for discretionary services?
WIC 362: the court may make any and all reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the child
110
What code section governs removal from a custodial parent?
361(d)
111
What code section governs the placement of a child following removal from parental custody?
WIC 361.2(a)
