CHILDREN AND THE LAW
...Dependency Petitions
......Notice
.........Parents; Guardians
............Case Law
 20 Cards On This Topic:
  • Incarcerated F who is represented need not be present at hearing to identify presumed father.
  • Failure to give notice of dependency proceedings to parent is jurisdictional.
  • Although DCFS failed to follow specific notice provisions, error not prejudicial where other notices were sent to incarcerated alleged F and he was thus on notice that parentage was at issue in dependency proceedings.
  • Juvenile court did not abuse its discretion in denying mother's CCP 128 (a)(8) motion to vacate referral orders; court did not err by not explicitly informing mother of consequences of not having a hearing.
  • Incompetent mother was not properly notified of jurisdictional and dispositional hearing where service was not made on temporary conservator.
  • Mother not entitled to new formal notice of continued 366.26 hearing where she received notice of original hearing and was present in court for notice of continuance.
  • F has right to notice and hearing on his rights regarding his children after DCFS' "incremental ineptitude" in failing to locate him [though he never moved] using various incorrect spellings of name.
  • 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.
  • Finding of reasonable diligence in locating father not supported by record where DCFS searched standard avenues but failed to search specific ones most likely under circumstances of case to yield address.
  • When appeal based on appellant's not receiving proper notice, and no evidence she was made aware of what occurred w/in time limit for appealing, she need not personally authorize appeal; right may be preserved by notice filed by counsel.
  • Mother excused from failure to file writ petition where court didn't give her notice of right to file petition because it failed to ascertain her permanent mailing address.
  • F entitled to notice of termination of jurisdiction hearing and opportunity to contest exit orders.
  • Due process and former W&IC 366.23 required mother receive written and oral notice of nature of 366.26 hearing prior to court terminating parental rights.
  • F’s abuse of stepmother in Ms’ presence constitutes neglect & failure to protect; removal proper where stepmother has BWS, Ms suffer "secondary abuse" and are at risk of developing BWS.
  • When notice of permanency planning hearing given in compliance with W&IC 366.23, continuance set at hearing in parents’ presence does not require renoticing them.
  • DSS has duty to make good faith attempt to locate parent of dependent child; after that, it is obligation of parent to stay in contact and participate in reunification process.
  • Where parents receive notice of ultimate facts alleged for removal, no need to file supplemental petition to allege different conduct which explains facts alleged in sustained petition.
  • Jurisdictional order reversed due to lack of notice, even though party appeared and did not request continuance.
  • After jurisdiction of subject matter and person is obtained, steps reasonably calculated to give parent notice of subsequent hearings is required, not actual notice.
  • Cases dealing with notice to parents.


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