CHILDREN AND THE LAW
...Dependency Petitions
......Continuances
.........Continuance Discouraged/Denied
 13 Cards On This Topic:
  • No continuance granted contrary to interest of minor.
  • Legislative policy to avoid unnecessary delays in dependency cases.
  • As C deserved prompt resolution of his custody status, no abuse of discretion in denying F's continuance request made during closing argument in jurisdic'l phase, a month after hearing set, and 10 days before W&IC §352(b) deadline.
  • No abuse of discretion in denying mother's continuance request to beyond W&IC 352(b) 6-mo. deadline where she was adequately represented; court not requested to consider possible conflict with ICWA and argument forfeited.
  • As W&IC 366.26 order terminating parental rights must come at end of hearing, court cannot both make that order ••and•• trail hearing to another day; appeal dismissed and remanded to complete "trailed" hearing.
  • Due process satisfied where alleged father had notice and opportunity to be heard; until he established a higher status, he lacked standing and had no right to a continuance to await paternity test results.
  • Where continuing dispositional hearing so incarcerated F could be present would have extended hearing date past W&IC 352 6-mo. mark, rights of a C to prompt resolution of proceedings outweighed F's right to be present.
  • Because F had appointed counsel present to represent his interests at jurisdictional/ dispositional hearing, he was afforded requisite due process right of parent to be heard.
  • Juv. court may be compelled to hold jurisdiction hearing on consecutive court days until conclusion, absent showing of exceptional circumstances justifying continuance.
  • Continuances spanning more than year and inaction on part of executive and legislature, compelled Court to order super. ct. to give dependency/FL case priority until complete.
  • Continuance properly denied despite criminal proceedings pending because testimony inadmissible at criminal trial.
  • Where no showing that continuance was contrary to interest of minor, abuse of discretion to deny upon showing of good cause.
  • Cases holding continuances properly denied.


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