contested disposition hearing (California) · Go Syfert
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contested disposition hearing in California

23 California opinions name it 1 courts 1998–2026 11 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Melville v. Melvillegreen
calctapp · 2004 · cited in 2 California opinions naming this issue, 2015–2015
2 sentences

2015Its purpose is to maximize a child’s opportunity to develop into a stable, well-adjusted adult.” [Citation.]’ ” (In re William B. (2008) 163 Cal.App.4th 1220, 1227 [ 78 Cal.Rptr.3d 91 ].) We review the juvenile court’s order for abuse of discretion. “[R]eversal is warranted only if there is no reasonable basis upon which the trial court could conclude that its decision advanced the best interests of the child.” (In re Marriage of Melville (2004) 122 Cal.App.4th 601, 610 [ 18 Cal.Rptr.3d 685 ] (Melville).) Here, at the time of the contested disposition hearing, the Agency had completed a portio

2015Its purpose is to maximize a child’s opportunity to develop into a stable, well-adjusted adult.” [Citation.]’ ” (In re William B. (2008) 163 Cal.App.4th 1220, 1227 [ 78 Cal.Rptr.3d 91 ].) We review the juvenile court’s order for abuse of discretion. “[R]eversal is warranted only if there is no reasonable basis upon which the trial court could conclude that its decision advanced the best interests of the child.” (In re Marriage of Melville (2004) 122 Cal.App.4th 601, 610 [ 18 Cal.Rptr.3d 685 ] (Melville).) Here, at the time of the contested disposition hearing, the Agency had completed a portio

22
Kuzirian v. Mikkelsengreen
calctapp · 1964 · cited in 2 California opinions naming this issue, 1998–1998
2 sentences

1998He also was entitled to a disposition hearing and he made a specific request for a contested disposition hearing to present to the court other alternatives to suitable placement. (§§ 706, 706.5, 725.5; Cal. Rules of Court, rule 1492; In re Shannon B. (1994) 22 Cal.App.4th 1235, 1247 [ 27 Cal.Rptr.2d 800 ]; In re Mikkelsen (1964) 226 Cal.App.2d 467, 471 [ 38 Cal.Rptr. 106 ]; In re Francis W. (1974) 42 Cal.App.3d 892, 898 [ 117 Cal.Rptr. 277 ].) It is well established that “ ‘ [t]he court is required to examine the entire [and current] dispositional picture whenever the minor comes before the co

1998He also was entitled to a disposition hearing and he made a specific request for a contested disposition hearing to present to the court other alternatives to suitable placement. (§§ 706, 706.5, 725.5; Cal. Rules of Court, rule 1492; In re Shannon B. (1994) 22 Cal.App.4th 1235, 1247 [ 27 Cal.Rptr.2d 800 ]; In re Mikkelsen (1964) 226 Cal.App.2d 467, 471 [ 38 Cal.Rptr. 106 ]; In re Francis W. (1974) 42 Cal.App.3d 892, 898 [ 117 Cal.Rptr. 277 ].) It is well established that “ ‘ [t]he court is required to examine the entire [and current] dispositional picture whenever the minor comes before the co

22
People v. Shannon B.green
calctapp · 1994 · cited in 2 California opinions naming this issue, 1998–1998
2 sentences

1998He also was entitled to a disposition hearing and he made a specific request for a contested disposition hearing to present to the court other alternatives to suitable placement. (§§ 706, 706.5, 725.5; Cal. Rules of Court, rule 1492; In re Shannon B. (1994) 22 Cal.App.4th 1235, 1247 [ 27 Cal.Rptr.2d 800 ]; In re Mikkelsen (1964) 226 Cal.App.2d 467, 471 [ 38 Cal.Rptr. 106 ]; In re Francis W. (1974) 42 Cal.App.3d 892, 898 [ 117 Cal.Rptr. 277 ].) It is well established that “ ‘ [t]he court is required to examine the entire [and current] dispositional picture whenever the minor comes before the co

1998He also was entitled to a disposition hearing and he made a specific request for a contested disposition hearing to present to the court other alternatives to suitable placement. (§§ 706, 706.5, 725.5; Cal. Rules of Court, rule 1492; In re Shannon B. (1994) 22 Cal.App.4th 1235, 1247 [ 27 Cal.Rptr.2d 800 ]; In re Mikkelsen (1964) 226 Cal.App.2d 467, 471 [ 38 Cal.Rptr. 106 ]; In re Francis W. (1974) 42 Cal.App.3d 892, 898 [ 117 Cal.Rptr. 277 ].) It is well established that “ ‘ [t]he court is required to examine the entire [and current] dispositional picture whenever the minor comes before the co

22
People v. Ronnie P.green
calctapp · 1992 · cited in 2 California opinions naming this issue, 1998–1998
2 sentences

1998Accordingly, we will reverse the court's orders of wardship and suitable placement and order upon remand that the court hold a contested disposition hearing. ( In re Ronnie P. (1992) 10 Cal. App.4th 1079, 1091 [ 12 Cal. Rptr.2d 875 ]; In re James H. (1985) 165 Cal. App.3d 911, 921-922 [ 212 Cal. Rptr. 61 ].) DISPOSITION The orders under review are reversed and the cause is remanded for a new disposition hearing in conformity with the views expressed herein.

1998Accordingly, we will reverse the court's orders of wardship and suitable placement and order upon remand that the court hold a contested disposition hearing. ( In re Ronnie P. (1992) 10 Cal. App.4th 1079, 1091 [ 12 Cal. Rptr.2d 875 ]; In re James H. (1985) 165 Cal. App.3d 911, 921-922 [ 212 Cal. Rptr. 61 ].) DISPOSITION The orders under review are reversed and the cause is remanded for a new disposition hearing in conformity with the views expressed herein.

22
In Re Francis W.green
calctapp · 1974 · cited in 2 California opinions naming this issue, 1998–1998
2 sentences

1998He also was entitled to a disposition hearing and he made a specific request for a contested disposition hearing to present to the court other alternatives to suitable placement. (§§ 706, 706.5, 725.5; Cal. Rules of Court, rule 1492; In re Shannon B. (1994) 22 Cal.App.4th 1235, 1247 [ 27 Cal.Rptr.2d 800 ]; In re Mikkelsen (1964) 226 Cal.App.2d 467, 471 [ 38 Cal.Rptr. 106 ]; In re Francis W. (1974) 42 Cal.App.3d 892, 898 [ 117 Cal.Rptr. 277 ].) It is well established that “ ‘ [t]he court is required to examine the entire [and current] dispositional picture whenever the minor comes before the co

1998He also was entitled to a disposition hearing and he made a specific request for a contested disposition hearing to present to the court other alternatives to suitable placement. (§§ 706, 706.5, 725.5; Cal. Rules of Court, rule 1492; In re Shannon B. (1994) 22 Cal.App.4th 1235, 1247 [ 27 Cal.Rptr.2d 800 ]; In re Mikkelsen (1964) 226 Cal.App.2d 467, 471 [ 38 Cal.Rptr. 106 ]; In re Francis W. (1974) 42 Cal.App.3d 892, 898 [ 117 Cal.Rptr. 277 ].) It is well established that “ ‘ [t]he court is required to examine the entire [and current] dispositional picture whenever the minor comes before the co

22
People v. Jorge Q.green
calctapp · 1997 · cited in 2 California opinions naming this issue, 1998–1998
2 sentences

1998It cannot treat an earlier order as “self-executing” or “automatic.” ’ ” (In re Jorge Q. (1997) 54 Cal.App.4th 223, 238 [ 62 Cal.Rptr.2d 535 ].) Appellant was entitled to notice, to have a current social study prepared for the hearing and to produce evidence indicating there were other more appropriate dispositions available to the court.

1998It cannot treat an earlier order as “self-executing” or “automatic.” ’ ” (In re Jorge Q. (1997) 54 Cal.App.4th 223, 238 [ 62 Cal.Rptr.2d 535 ].) Appellant was entitled to notice, to have a current social study prepared for the hearing and to produce evidence indicating there were other more appropriate dispositions available to the court.

22
People v. James H.green
calctapp · 1985 · cited in 2 California opinions naming this issue, 1998–1998
2 sentences

1998Accordingly, we will reverse the court's orders of wardship and suitable placement and order upon remand that the court hold a contested disposition hearing. ( In re Ronnie P. (1992) 10 Cal. App.4th 1079, 1091 [ 12 Cal. Rptr.2d 875 ]; In re James H. (1985) 165 Cal. App.3d 911, 921-922 [ 212 Cal. Rptr. 61 ].) DISPOSITION The orders under review are reversed and the cause is remanded for a new disposition hearing in conformity with the views expressed herein.

1998Accordingly, we will reverse the court's orders of wardship and suitable placement and order upon remand that the court hold a contested disposition hearing. ( In re Ronnie P. (1992) 10 Cal. App.4th 1079, 1091 [ 12 Cal. Rptr.2d 875 ]; In re James H. (1985) 165 Cal. App.3d 911, 921-922 [ 212 Cal. Rptr. 61 ].) DISPOSITION The orders under review are reversed and the cause is remanded for a new disposition hearing in conformity with the views expressed herein.

22
In Re William B.green
calctapp · 2008 · cited in 2 California opinions naming this issue, 2015–2015
2 sentences

2015Its purpose is to maximize a child’s opportunity to develop into a stable, well-adjusted adult.” [Citation.]’ ” (In re William B. (2008) 163 Cal.App.4th 1220, 1227 [ 78 Cal.Rptr.3d 91 ].) We review the juvenile court’s order for abuse of discretion. “[R]eversal is warranted only if there is no reasonable basis upon which the trial court could conclude that its decision advanced the best interests of the child.” (In re Marriage of Melville (2004) 122 Cal.App.4th 601, 610 [ 18 Cal.Rptr.3d 685 ] (Melville).) Here, at the time of the contested disposition hearing, the Agency had completed a portio

2015Its purpose is to maximize a child’s opportunity to develop into a stable, well-adjusted adult.” [Citation.]’ ” (In re William B. (2008) 163 Cal.App.4th 1220, 1227 [ 78 Cal.Rptr.3d 91 ].) We review the juvenile court’s order for abuse of discretion. “[R]eversal is warranted only if there is no reasonable basis upon which the trial court could conclude that its decision advanced the best interests of the child.” (In re Marriage of Melville (2004) 122 Cal.App.4th 601, 610 [ 18 Cal.Rptr.3d 685 ] (Melville).) Here, at the time of the contested disposition hearing, the Agency had completed a portio

12
In Re Zeth S.green
cal · 2003 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023The argument by Agency counsel during the contested disposition hearing seems to suggest that it does.13 But argument of counsel is not evidence (In re Zeth S. (2003) 31 Cal.4th 396, 413, fn. 11 ), and nothing else in the record before us explains 13 During the contested disposition hearing, Agency counsel explained that “[i]t is protocol for the Agency, under the child abuse treatment standards, to refer to child abuse group therapy in cases of severe neglect resulting in injury to a child.” Counsel further explained that “the subject matter of a child abuse group broaches all manners of abus

11
San Diego County Health & Human Services Agency v. Amber G.green
calctapp · 2016 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023(Cesar V. [v. Superior Court], supra, 91 Cal.App.4th at p. 1035 .) This is because decisions concerning placement of the child do not affect the parent’s interest in reunification, where the parent is no longer able to reunify with the child.” (In re A.K., supra, 12 Cal.App.5th at p. 499 ; see In re Isaiah S. (2016) 5 Cal.App.5th 428, 435-436 .) Here, the juvenile court denied reunification services to mother at the contested disposition hearing on April 21, 2021.

11
People v. Greg F.green
cal · 2012 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(See In re Greg F. (2012) 55 Cal.4th 393, 420 (Greg F.) [dismissal “is appropriate under section 782 so long as the juvenile court, in its discretion, finds that the dismissal is required by the interests of justice and the welfare of the minor”].) In February 2020, the juvenile court exercised its discretion under Welfare and Institutions Code section 782 and dismissed the most recently filed robbery/grand theft petition in “the interest of justice” at the contested disposition hearing.

11
In Re CHred
cal · 2011 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013J.S. appealed and, on May 22, 2012, this court reversed the commitment to DJF, as required by the holding of In re C.H (2011) 53 Cal.4th 94, 97-98 (C.H.).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (18)

CaseCitedYears
People v. Wende green
cal · 1979
2 sentences

2026Appellate counsel found no issues for appellate review and filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 .

2026Appellate counsel found no issues for appellate review and filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 .

32013–2026
San Diego County Health & Human Services Agency v. Jamie P. green
calctapp · 2013
2 sentences

2014(In re A.J., supra, 214 Cal.App.4th at p. 527 .) At a contested disposition hearing, the department recommended that A.J. be placed with her father and that the juvenile court terminate jurisdiction.

2014(In re A.J., supra, 214 Cal.App.4th at p. 527 .) At a contested disposition hearing, the department recommended that A.J. be placed with her father and that the juvenile court terminate jurisdiction.

22014–2014
Napa County Department of Health & Human Services v. Shanon K. green
calctapp · 2012
1 sentence

2024“One cannot correct a problem one fails to acknowledge” (In re Gabriel K. (2012) 203 Cal.App.4th 188, 197 ) or, as in this case, take seriously.

12024–2024
Cesar v. v. Superior Court green
calctapp · 2001
1 sentence

2023(Cesar V. [v. Superior Court], supra, 91 Cal.App.4th at p. 1035 .) This is because decisions concerning placement of the child do not affect the parent’s interest in reunification, where the parent is no longer able to reunify with the child.” (In re A.K., supra, 12 Cal.App.5th at p. 499 ; see In re Isaiah S. (2016) 5 Cal.App.5th 428, 435-436 .) Here, the juvenile court denied reunification services to mother at the contested disposition hearing on April 21, 2021.

12023–2023
People v. Marsden green
cal · 1970
1 sentence

2023The court conducted a hearing under People v. Marsden (1970) 2 Cal.3d 118 , granted Mother’s motion to withdraw her counsel, and continued the hearing to appoint new counsel.

12023–2023
Sacramento Dep't of Health & Human Servs. v. A.L. (In re A.K.) green
calctapp5d · 2017
1 sentence

2023(Cesar V. [v. Superior Court], supra, 91 Cal.App.4th at p. 1035 .) This is because decisions concerning placement of the child do not affect the parent’s interest in reunification, where the parent is no longer able to reunify with the child.” (In re A.K., supra, 12 Cal.App.5th at p. 499 ; see In re Isaiah S. (2016) 5 Cal.App.5th 428, 435-436 .) Here, the juvenile court denied reunification services to mother at the contested disposition hearing on April 21, 2021.

12023–2023
Southern v. Superior Court of San Francisco Cnty. green
calctapp5d · 2017
1 sentence

2023(Jennifer S. v. Superior Court (2017) 15 Cal.App.5th 1113, 1124 .) At the hearing on Mother’s petition, the court determined that it had already heard all the evidence at the contested disposition hearing, which was less than a month earlier, and found that it was in J.M.’s best interests to be placed with Aunt in Arizona.

12023–2023
In Re Jasmine G. green
calctapp · 2000
1 sentence

2022DISCUSSION A. THE COURT’S ORDER REMOVING THE CHILDREN FROM FATHER IS SUPPORTED BY SUBSTANTIAL EVIDENCE Father contends that “the juvenile court erroneously removed the children from Father’s custody at disposition.” “A dependent child shall not be taken from the physical custody of his or her parents . . . with whom the child resides at the time the petition was initiated, unless the juvenile court finds clear and convincing evidence . . . . [¶] (1) [That] [t]here is or would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the minor if

12022–2022
In Re Kieshia E. green
cal · 1993
1 sentence

2022DISCUSSION A. THE COURT’S ORDER REMOVING THE CHILDREN FROM FATHER IS SUPPORTED BY SUBSTANTIAL EVIDENCE Father contends that “the juvenile court erroneously removed the children from Father’s custody at disposition.” “A dependent child shall not be taken from the physical custody of his or her parents . . . with whom the child resides at the time the petition was initiated, unless the juvenile court finds clear and convincing evidence . . . . [¶] (1) [That] [t]here is or would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the minor if

12022–2022
San Diego County Health & Human Services Agency v. Tyrone V. green
calctapp · 2013
1 sentence

2021“A parent’s past conduct is a good predictor of future behavior.” (T.V., supra, 217 Cal.App.4th at p. 133 .) In this case, although the Agency had not received any reports of contact between the parents during the five weeks between the time R.C. was detained and the contested disposition hearing, the juvenile court could reasonably doubt that the parents had permanently ended their abusive relationship.

12021–2021
Stanislaus County Department of Social Services v. Noeline P. green
calctapp · 1997
1 sentence

2021In a juvenile dependency proceeding, the dispositional order is the judgment for purposes of appeal. (§ 395; In re Meranda P. (1997) 56 Cal.App.4th 1143, 1149-1150 .) 10 “A judgment in a proceeding under Section 300 may be appealed in the same manner as any final judgment, and any subsequent order may be appealed as an order after judgment.” (§ 395, subd. (a)(1).) “ ‘ “A consequence of section 395 is that an unappealed disposition or postdisposition order is final and binding and may not be attacked on an appeal from a later appealable order.” [Citation.]’ [Citations.]” (In re S.B. (2009) 46 C

12021–2021
In Re SB green
cal · 2009
1 sentence

2021In a juvenile dependency proceeding, the dispositional order is the judgment for purposes of appeal. (§ 395; In re Meranda P. (1997) 56 Cal.App.4th 1143, 1149-1150 .) 10 “A judgment in a proceeding under Section 300 may be appealed in the same manner as any final judgment, and any subsequent order may be appealed as an order after judgment.” (§ 395, subd. (a)(1).) “ ‘ “A consequence of section 395 is that an unappealed disposition or postdisposition order is final and binding and may not be attacked on an appeal from a later appealable order.” [Citation.]’ [Citations.]” (In re S.B. (2009) 46 C

12021–2021
People v. Martinez green
cal · 2013
2 sentences

2019J.M. simply does not allege she would have rejected the plea deal and insisted on a contested disposition hearing had she been advised of alleged adverse conditions at the Ventura facility. ( Hill, supra, 474 U.S. at pp. 58–59; Martinez, supra, 57 Cal.4th at p. 565 .) J.M. alleges she received ineffective assistance of counsel because she was not advised about the plea deal’s lack of value.

2019J.M. simply does not allege she would have rejected the plea deal and insisted on a contested disposition hearing had she been advised of alleged adverse conditions at the Ventura facility. ( Hill, supra, 474 U.S. at pp. 58–59; Martinez, supra, 57 Cal.4th at p. 565 .) J.M. alleges she received ineffective assistance of counsel because she was not advised about the plea deal’s lack of value.

12019–2019
Hill v. Lockhart green
scotus · 1985
1 sentence

2019J.M. simply does not allege she would have rejected the plea deal and insisted on a contested disposition hearing had she been advised of alleged adverse conditions at the Ventura facility. ( Hill, supra, 474 U.S. at pp. 58–59; Martinez, supra, 57 Cal.4th at p. 565 .) J.M. alleges she received ineffective assistance of counsel because she was not advised about the plea deal’s lack of value.

12019–2019
In Re Heather A. green
calctapp · 1996
1 sentence

2016(In re Heather A. (1996) 52 Cal.App.4th 183 .) Mother argues her progress in services undermined Agency's case for removal because there was evidence that, by the time of the contested disposition hearing, Mother was making progress in her services with five months of counseling and three months of participation in a domestic violence group.

12016–2016
In Re Jeremiah G. green
calctapp · 2009
1 sentence

2013The court, relying on In re Jeremiah G. (2009) 172 Cal.App.4th 1514 , concluded that the information Clay G. had provided constituted a bare suggestion that K.D. was an Indian child and was insufficient 2 to trigger the notice requirements of ICWA.

12013–2013
In Re Catherine H. green
calctapp · 2002
2 sentences

2004The court in In re Catherine H. did state "the noncustodial parent is presumptively entitled to custody," when a request is made under section 361.2, subdivision (a). ( In re Catherine H., supra, 102 Cal.App.4th at p. 1292 , 126 Cal.Rptr.2d 342 .) However, that court used the terms "custody" and "placement" interchangeably, to refer at times to the parent's request for the child's placement but at other times to the parent's request for custody, without distinguishing between the two terms. ( Id. at pp. 1290-1294, 126 Cal.Rptr.2d 342 .) In any event, the issue before the court in In re Catheri

2004The court in In re Catherine H. did state "the noncustodial parent is presumptively entitled to custody," when a request is made under section 361.2, subdivision (a). ( In re Catherine H., supra, 102 Cal.App.4th at p. 1292 , 126 Cal.Rptr.2d 342 .) However, that court used the terms "custody" and "placement" interchangeably, to refer at times to the parent's request for the child's placement but at other times to the parent's request for custody, without distinguishing between the two terms. ( Id. at pp. 1290-1294, 126 Cal.Rptr.2d 342 .) In any event, the issue before the court in In re Catheri

12004–2004
In Re Jeannette v. Margery green
calctapp · 1979
2 sentences

2004In In re Jeannette S. (1979) 94 Cal.App.3d 52, 60-61 , 156 Cal.Rptr. 262 , the appellate court held that insufficient evidence supported the order removing the child from parental custody under section 361, in part because the juvenile court could have placed the child with her father.

2004In In re Jeannette S. (1979) 94 Cal.App.3d 52, 60-61 , 156 Cal.Rptr. 262 , the appellate court held that insufficient evidence supported the order removing the child from parental custody under section 361, in part because the juvenile court could have placed the child with her father.

12004–2004

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