CHILDREN AND THE LAW
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Dependency Petitions
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Selection & Implement. Hrg.
.........Continuances
7 Cards On This Topic:
Harmless error not to order brief continuance to allow time to receive C’s psych. evaluation and therapist’s report, where other evidence supported the finding that C was likely to be adopted within a reasonable time.
Abuse of discretion to grant mother a continuance of the W&IC 366.26 hearing because she needed more time to complete her relinquishment of parental rights.
Assuming court erred in failing to continue termination hearing to locate mother, error not prejudicial where C thriving with parents who wanted to adopt her and hearing outcome likely to change.
No abuse of discretion in denying absent mother's counsel's request for a continuance where counsel did not offer good cause, all indications were that Cs would be adopted and court confirmed mother notified of hearing.
No abuse of discretion in denying continuance to complete paternity testing: Establishing genetic link would provide no information relevant to issues at termination hearing.
Failure to continue so mother can finish drug treatment is prejudicial error; not contrary to welfare of minor.
Legislative policy is to avoid unnecessary delays in dependency cases.