CHILDREN AND THE LAW
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Dependency Petitions
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Appellate Review
.........Structural Error
4 Cards On This Topic:
Juvenile court's error in the process used for appointment of GAL for a parent in a dependency proceeding is a form of trial error amenable to harmless error analysis.
Harmless error to terminate reunification and select permanent plan, even though mother had no notice of hearing or SSA report, where outcome of the proceeding not affected; structural error v. trial error discussed.
Structural errors are structural defects in the constitution of the trial mechanism, which affect "the framework within which the trial proceeds, rather than simply an error in the trial process itself."
Cases discussing structural as opposed to trial error.