CHILDREN AND THE LAW
...Non-Dependency Term. of Parental Rights
......Probate Code 1516.5
6 Cards On This Topic:
  • Proceeding to have a child declared free from the custody and control of one or both parents may be brought in guardianship proceeding.
  • Juvenile ct. not required to refer case to county child welfare agency prior to issuing GPs' guardianship order where parents stipulated to the guardianship after participating in mediation.
  • Physical custody prong of Prob.C 1516.6 not vague—it grants adequate notice of its meaning and is reasonably certain by reference to other statutory provisions and court decisions defining joint and sole physical custody.
  • Investigator's reasonable efforts to meet with parents did not constitute compliance with FC §7851(a), but "'"Deficiencies in an assessment report"' ... are not prejudicial per se."
  • Stable, permanent adoptive home for Cs outweighed benefit of continued relationship with mother, who despite her efforts failed to successfully overcome the disruptive, offending behavior that led to the guardianship.
  • Guardian did not stipulate to visitation by an "expression of concurrence" — references to visitation do not constitute a stipulation, waiver, or agrmt, nor satisfy terms of FC 8616.5.