a dogbook - California Courts

1 A dogbook for attorneys representing children and parentsJudicial Council of California /Administrative Office of the Courts Center for Families, Children & the CourtsRonald M. George Chief Justice of California and Chair of the Judicial CouncilWilliam C. Vickrey Administrative Director of the CourtsRonald G. Overholt Chief Deputy DirectorDiane Nunn Director, Center for Families, Children & the CourtsCopyright 2007 Judicial Council of California /Administrative Office of the Courts . All rights reservedExcept as permitted under the Copyright Act of 1976, no part of this publication may be reproduced in any form or by any means, whether electronic, online, or mechanical, including the use of information storage and retrieval systems, with-out permission in writing from the copyright owner.

2 Permission is hereby granted to nonprofit institutions to reproduce and distribute for educational purposes all or part of the work if the copies are distributed at or below cost and credit the Judicial Council of California /Administrative Office of the points of view, concepts, and practices discussed in this handbook do not necessarily represent the official position of the Judicial Council, its members, or the in the United States of America Printed on recycled and recyclable paperThis publication is also available on the California Courts Web site: obtain additional copies of this book, or annual updates, please contact:Judicial Council of California /Administrative Office of the Courts Center for Families, Children & the Courts 455 Golden Gate Avenue San Francisco, California 94102-3688 Ph: 415-865-7739 Fax: 415-865-7217 E-mail: vHon.

3 Ronald M. George Chief Justice of California and Chair of the Judicial CouncilMr. Raymond G. Aragon Attorney at LawHon. Marvin R. Baxter Associate Justice of the Supreme CourtMr. Anthony P. Capozzi Attorney at LawHon. Candace D. Cooper Presiding Justice of the court of Appeal, Second Appellate District, Division EightHon. Ellen M. Corbett Member of the California State Senate Hon. Peter Paul Espinoza Assistant Supervising Judge of the Superior court of Los Angeles CountyHon. Terry B. Friedman Judge of the Superior court of Los Angeles CountyMr. Thomas V. Girardi Attorney at LawHon. Richard D. Huffman Associate Justice of the court of Appeal, Fourth Appellate District, Division OneHon.

4 Jamie A. Jacobs-May Assistant Presiding Judge of the Superior court of Santa Clara CountyHon. Dave Jones Member of the California State Assembly Hon. Suzanne N. Kingsbury Presiding Judge of the Superior court of El Dorado CountyHon. Carolyn B. Kuhl Judge of the Superior court of Los Angeles CountyHon. Thomas M. Maddock Judge of the Superior court of Contra Costa CountyHon. Charles W. McCoy, Jr. Assistant Presiding Judge of the Superior court of Los Angeles CountyHon. Barbara J. Miller Judge of the Superior court of Alameda CountyHon. Eileen C. Moore Associate Justice of the court of Appeal, Fourth Appellate District, Division ThreeHon.

5 Dennis E. Murray Presiding Judge of the Superior court of Tehama CountyJudicial Council of CaliforniaThe Judicial Council is the policymaking body of the California Courts , the largest court system in the nation. Under the leadership of the Chief Justice and in accordance with the California Constitu-tion, the council is responsible for ensuring the consistent, indepen-dent, impartial, and accessible administration of justice. viMs. Barbara J. Parker Chief Assistant City Attorney, OaklandHon. James Michael Welch Judge of the Superior court of San Bernardino CountyHon. Ronald E. Albers Commissioner of the Superior court of San Francisco CountyMs.

6 Tamara Lynn Beard Executive Officer, Superior court of Fresno CountyHon. Joseph Dunn Chief Executive Officer, California Medical AssociationMs. Deena Fawcett Clerk/Administrator, court of Appeal, Third Appellate DistrictHon. Scott L. Kays Judge of the Superior court of Solano CountyMr. Michael M. Roddy Executive Officer, Superior court of San Diego CountyHon. Nancy Wieben Stock Presiding Judge of the Superior court of Orange CountyMs. Sharol Strickland Executive Officer, Superior court of Butte CountyMr. William C. Vickrey Administrative Director of the Courts and Secretary of the Judicial CouncilAdvisory MembersContentsAcknowledgments ixHow to Use the Dependency Quick Guide xiHEARINGSI nitial / DetentionDetention Hearing Checklist: Child s Attorney h-5 Detention Hearing Checklist.

7 Parent s Attorney h-7 Black Letter Discussion and Tips h-9 JurisdictionJurisdiction Hearing Checklist: Child s Attorney h-35 Jurisdiction Hearing Checklist: Parent s Attorney h-37 Black Letter Discussion and Tips h-39 DispositionDisposition Hearing Checklist: Child s Attorney h-73 Disposition Hearing Checklist: Parent s Attorney h-75 Black Letter Discussion and Tips h-77 Judicial Review of Placement With ParentJudicial Review of Placement With Parent Checklist ( 364).

8 Child s Attorney h-109 Judicial Review of Placement With Parent Checklist ( 364): Parent s Attorney h-111 Black Letter Discussion and Tips h-113 Status ReviewsStatus Reviews Checklist: Child s Attorney h-123 Status Reviews Checklist: Parent s Attorney h-127 Black Letter Discussion and Tips h-129 Selection and ImplementationSelection and Implementation Checklist ( 366 26): Child s Attorney h-149 Selection and Implementation Checklist ( 366 26).

9 Parent s Attorney h-151 Black Letter Discussion and Tips h-153viiReview of Permanent PlanReview of Permanent Plan Checklist ( 366 3): Child s Attorney h-181 Review of Permanent Plan Checklist ( 366 3): Parent s Attorney h-185 Black Letter Discussion and Tips h-187 Subsequent and Supplemental PetitionsBlack Letter Discussion and Tips h-201 Motions for ModificationBlack Letter Discussion and Tips h-211 FACT SHEETSC aregivers

10 F-3 Children s Rights f-9 Education Laws, Rights, and Issues f-13 Funding and Rate Issues f-19 Hearsay in Dependency Hearings f-27 Immigration f-31 Indian Child Welfare Act (ICWA)