CHILDREN AND THE LAW
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Dependency Petitions
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Notice
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Parents; Guardians
............Hague Service Convention
6 Cards On This Topic:
Hague Service Convention doesn't apply to supplemental & subsequent juvenile dependency proceedings in light of juvenile court's ongoing dependency jurisdiction and provided it has previously found proper notice to parent.
Because F made a general appearance through his atty at hearing on petition to terminate parental rights, he consented to court's exercise of jurisdiction and failure to comply with Hague Service Convention was cured.
Hague Service Convention does not apply to service of notice of dependency review hearings; service of notice on F of 6-mo. review hearing by 1st class mail to Mexican address fully complied with CA law.
Although juv. court properly invoked temp. emergency SMJ under FC 3424(a) re Mexican teen, jurisdiction and disposition orders reversed for improper service of notice to parents in Mexico under Hague Service Convention.
Child who is a foreign national cannot be made the subject of the Cal. juvenile dependency law simply because Cal. offers better medical care than child's home state.
Because HHSA did not serve alleged F according to either Cal. or Mex. law, jurisdictional/ dispositional orders void; F entitled to hearing to change paternity status to biological or presumed F.