CHILDREN AND THE LAW
...Dependency Petitions
......Detention of Minors
.........By Juvenile Court
5 Cards On This Topic:
  • Detention by juvenile court; procedure.
  • If C suffers serious injury, and no reasonable cause to believe parents either caused it or committed other conduct placing C at imminent risk of harm, state may not interfere with parental custody unless it obtains prior judicial authorization.
  • Abuse of discretion not to order C detained where evidence showed unmonitored contact with parents constituted serious risk of physical harm in that his 2-yr.-old half-sibling died by non-accidental causes while in parents' care.
  • Court must advise parents of due process rights before dependency petition submitted without contested hearing; harmless error standard.
  • Full advisement of rights NOT required prior to court’s receiving a submission