Magazine Archive
In re Caden C.: The Supreme Court Recognizes No Parent is Perfect
“The dependency statutes were enacted to prevent harm to children. They prevent harm at the outset of the dependency process by removing children from situations where they are likely to suffer abuse or neglect. But they also prevent harm in the process of selecting permanent placement through the parental-benefit exception, by allowing certain children to...
Read ArticleNavigating the (e)States of Guardianship Panic
Tom and Mary live in Contra Costa County and have taken in their nephew Johnny at age four. The father, Ricky, has been absent from Johnny’s life since shortly after his birth. Ricky now cannot be located but is believed to have moved out of the country. Renee, his mother, had been in and out...
Read ArticleRepresenting Minors in Guardianships: Tips and Tricks of the Trade
When I boldly claim, “I love representing kids in guardianship cases, those are my absolute favorites!” other lawyers often shake their heads in disbelief or audibly gasp. For me, nothing is more gratifying, or makes me feel more like a “counselor at law,” than working with a fractured family to help a child find a...
Read ArticleThe Uneven Playing Field of Guardianship
A probate guardianship is one of two statutory procedures by which the court may remove a child from parental custody whenever doing so is “necessary or convenient.”1 If the parents object to the proceedings, the court must find (1) that custody with the parents would be detrimental to the minor, and (2) that it would...
Read ArticleWhat Are Reasonable Efforts? When Do They Apply?
The term “Reasonable Efforts” is not defined by the federal statutes that created it nor by the State of California. So how do attorneys argue and judges rule on whether or not a social services agency has made reasonable efforts to reunify a family? The Child Welfare Information Gateway Summary of State Laws (2019)1 refers...
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