CHILDREN AND THE LAW
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Dependency Petitions
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Selection & Implement. Hrg.
.........Notice & Right to Hearing
14 Cards On This Topic:
Manner of providing notice of permanency planning hearing.
Exceptions to parental notice.
Parents in dependency proceedings are required to designate an address for notice.
Mother denied due process where her parental rights were terminated without notice of the selection and implementation hearing.
Failure to notify mother of continued termination hearing date was harmless beyond a reasonable doubt; error in notice harmless as to court's finding of adoptability and detriment.
Grandparent notification of termination hearing is intended in part to get notice to missing parent; when required notice not given, parent has standing to raise issue on appeal.
When address of alleged F unknown and cannot be found with due diligence, notice by publication sufficient for due process.
Contention F didn't receive adequate notice contrary to statements F made under oath that he lived at address where notice served.
Failure to give new notice of continued Welf. & Inst. Code §366.26 hearing does not require reversal of order terminating parental rights.
Refusal to hold evidentiary hearing on adoption petition after negative DSS report violated prospective adoptive mother's statutory right to hearing, per se reversible.
Due process and [former] Welf. & Inst. Code section 366.23 required mother receive written and oral notice of nature of 366.26 hearing prior to court terminating parental rights.
By failing to raise lack of notice defect at Welf. & Inst. Code §366.21 hearing, father acknowledged court’s jurisdiction and waived issue on appeal.
Jailed father had no absolute right to attend W&I 366.26 hearing whose purpose was to decide on guardianship, not to terminate parental rights.
Parent entitled to contested permanency planning hearing before permanent plan determined by court