CHILDREN AND THE LAW
...Dependency Petitions
......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