CHILDREN AND THE LAW
...Dependency Petitions
......Selection & Implement. Hrg.
.........Contested Hearing
4 Cards On This Topic:
  • Offer of proof procedure set forth in Tamika T. applies to sibling exception to termination of parental rights.
  • Alleged F's right to assert position re paternal status did not entitle him to contested W&IC 366.26 hearing; because paternity already established in another man's favor by voluntary decl., alleged F not entitled to W&IC 316.2 form and notice.
  • Court doesn't deny due process if it requires parent to make offer of proof before holding contested hearing on issue of whether parent can discharge burden of establishing statutory exception to termination of parental rights.
  • Parent may waive objection that adoption assessment doesn't comply with W&IC 366.21(i), but claim of insufficient evidence of adoptability at contested hearing not waived by failure to argue it in juv. court.