CHILDREN AND THE LAW
...Dependency Petitions
......Selection & Implement. Hrg.
.........Termination of Parental Rights
............Postjudgment Evidence
7 Cards On This Topic:
  • Court of Appeal erred in considering and relying on postjudgment evidence to reverse order and judgment terminating parental rights.
  • Since all parties to stipulate to reversal of judgment terminating parental rights, case was "one of [Zeth S's] exceptional circumstances justifying reliance on postjudgment events."
  • Mtn by parents to strike DCFS' updated information to Ct.App. denied as documents filed in court and properly could be judicially noticed—being fundamentally different than unsworn statement in Zeth S.
  • Although court should have continued hearing under W&IC 366.26(c)(3), postjudgment evidence showed issue of adoptability rendered moot by Cs' subsequent placement in approved adoptive home, and any procedural error harmless.
  • Judicial notice of minute order showing completed home study of adoptive parents is not prohibited postjudgment evidence.
  • Juvenile court's failure to timely file notices sent to tribes was harmless error where record augmented on appeal; finding that ICWA did not apply was premature, but not prejudicial.
  • Accepting post-judgment facts on appeal to reverse order terminating parental rights not required where brother's placement did not affect C's adoptability and termination did not greatly interfere with sibling relationship.