CHILDREN AND THE LAW
...Dependency Petitions
......Defaults
6 Cards On This Topic:

Juvenile courts may not deprive a parent of her or his procedural due process rights simply because the parent failed to appear at hearing.

Mother must be informed that failure to appear at settlement conference could result in default and could turn SC into dispositional hearing.

Default not authorized where answer on file, even if F failed to appear at hearing; limitation on F’s right to present witnesses also unauthorized.

Procedural errors re jurisdictional hearing harmless absent prejudice; court may rely on social worker’s report if opportunity to cross-examine.

Deciding dependency solely on social worker’s report, and refusing request to cross-examine, denied father right of confrontation.

Code Civ. Proc. §473 and §473.5, relating to setting aside default judgments, not applicable to juvenile ct. dependency proceedings.