CHILDREN AND THE LAW
...Dependency Petitions
......Advisements of Rights
5 Cards On This Topic:
  • Neither the CCP nor the FC requires that M serve his father with his request for the application for the appointment of a GAL before one may be appointed.
  • W&IC 361.5 (a)(3) [now (a)(1)(C)] warning that failure to participate in court-ordered programs could lead court to terminate reunif. services after 6 mos. may be in writing if record shows parent stated in court that advice read and understood.
  • Totality of record under Boykin/Tahl test shows mother knowingly and voluntarily waived rights in pleading no contest, and fully understood she might be denied reunification and lose custody.
  • Court must advise parents of due process rights before dependency petition submitted without contested hearing; harmless error standard.
  • Full advisement of rights NOT required prior to court’s receiving a submission.