time of the termination hearing (California) · Go Syfert
← California issues

time of the termination hearing in California

10 California opinions name it 1 courts 1991–2015 0 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 (5)

CaseFollowedCited
In Re Victoria M.green
calctapp · 1989 · cited in 2 California opinions naming this issue, 1992–1992
2 sentences

1992Rather, what is required is clear and convincing evidence of the likelihood that adoption will be realized within a reasonable time.” (Id. at p. 1065.) 11 William, however, contends the essence of Amelia S. is found in the following discussion: “[T]he mere fact that it is possible the minor might be adopted since prospective adoptive parents are interested does not constitute clear and convincing evidence of the minor’s adaptability.” Clear and convincing evidence “must be so clear as to leave no substantial doubt; it must be sufficiently strong to command the unhesitating assent of every reas

1992Rather, what is required is clear and convincing evidence of the likelihood that adoption will be realized within a reasonable time.” (Id. at p. 1065.) 11 William, however, contends the essence of Amelia S. is found in the following discussion: “[T]he mere fact that it is possible the minor might be adopted since prospective adoptive parents are interested does not constitute clear and convincing evidence of the minor’s adaptability.” Clear and convincing evidence “must be so clear as to leave no substantial doubt; it must be sufficiently strong to command the unhesitating assent of every reas

22
In Re Malinda S.red
cal · 1990 · cited in 2 California opinions naming this issue, 1992–1992
2 sentences

1992(In re Malinda S. (1990) 51 Cal.3d 368, 375-382 [ 272 Cal.Rptr. 787 , 795 P.2d 1244 ].) We conclude that the trial court received direct evidence of the children’s wishes at the time of the termination hearing, and that it was fully aware of their desires with regard to termination and adoption.

1992(In re Malinda S. (1990) 51 Cal.3d 368, 375-382 [ 272 Cal.Rptr. 787 , 795 P.2d 1244 ].) We conclude that the trial court received direct evidence of the children’s wishes at the time of the termination hearing, and that it was fully aware of their desires with regard to termination and adoption.

22
Merced County Department of Human Resources v. Ismael C.green
calctapp · 1984 · cited in 2 California opinions naming this issue, 1991–1991
2 sentences

1991It must be sufficiently strong to command the unhesitating assent of every reasonable mind. [Citations.]” (I n re David C. (1984) 152 Cal.App.3d 1189, 1208 [ 200 Cal.Rptr. 115 ].) Of course, it is not necessary pursuant to section 366.26, subdivision (c)(1) that the child, at the time of the termination hearing, already be in a potential adoptive home.

1991It must be sufficiently strong to command the unhesitating assent of every reasonable mind. [Citations.]” (I n re David C. (1984) 152 Cal.App.3d 1189, 1208 [ 200 Cal.Rptr. 115 ].) Of course, it is not necessary pursuant to section 366.26, subdivision (c)(1) that the child, at the time of the termination hearing, already be in a potential adoptive home.

22
In Re Jennilee T.green
calctapp · 1992 · cited in 2 California opinions naming this issue, 2005–2005
2 sentences

2005Rather, what is required is clear and convincing evidence of the likelihood that adoption will be realized within a reasonable time.’ [Citation.]” (In re Jennilee T. (1992) 3 Cal.App.4th 212, 223 [ 4 Cal.Rptr.2d 101 ], fn. omitted.) There was clear and convincing evidence Gregory would be adopted within a reasonable time, despite the fact his maternal grandmother and maternal aunt had not completed the necessary prerequisites to adoption as of the time of the permanency hearing.

2005Rather, what is required is clear and convincing evidence of the likelihood that adoption will be realized within a reasonable time.’ [Citation.]” (In re Jennilee T. (1992) 3 Cal.App.4th 212, 223 [ 4 Cal.Rptr.2d 101 ], fn. omitted.) There was clear and convincing evidence Gregory would be adopted within a reasonable time, despite the fact his maternal grandmother and maternal aunt had not completed the necessary prerequisites to adoption as of the time of the permanency hearing.

12
In Re LBgreen
calctapp · 2003 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015Only when information before the juvenile court is sufficient to show that the child is a member of a tribe, or is eligible for membership and is the child of a member, does [California Rules of Court,] rule [5.482(d)(2)] require compliance with all of the provisions of the ICWA.” (In re L.B. (2003) 110 Cal.App.4th 1420, 1427 [internal cites omitted, superseded by rule on other grounds].) The requirement to provide active efforts applies only to an Indian child.

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 (2)

CaseCitedYears
In Re Amelia S. green
calctapp · 1991
2 sentences

1992As we explained in In re Amelia S. (1991) 229 Cal.App.3d 1060 [ 280 Cal.Rptr. 503 ], “[I]t is not necessary pursuant to section 366.26, subdivision (c)(1) that the child, at the time of the termination hearing, already be in a potential adoptive home.

1992As we explained in In re Amelia S. (1991) 229 Cal.App.3d 1060 [ 280 Cal.Rptr. 503 ], “[I]t is not necessary pursuant to section 366.26, subdivision (c)(1) that the child, at the time of the termination hearing, already be in a potential adoptive home.

21992–1992
Orange Cty. Soc. Servs. Agency v. Lawrence D. green
calctapp · 1997
1 sentence

2013(In re Amanda D. (1997) 55 Cal.App.4th 813, 820 .) A Department report reflects D.P. was five years old at the time of the termination hearing.

12013–2013

Where else courts name it

IN 669 (1984–2023) IA 655 (1989–2026) NC 207 (1994–2026) MI 121 (1999–2026) PA 69 (2006–2026) OR 39 (1997–2026) GA 36 (1995–2018) CO 24 (1998–2026) NE 23 (2003–2026) AR 21 (2002–2025) TX 19 (1990–2022) AZ 19 (2009–2026) VA 15 (2003–2020) WA 12 (1987–2026) CA 10 (1991–2015) AL 9 (2003–2017) MO 9 (1985–2022) ME 8 (2010–2020) KS 8 (2008–2025) UT 7 (1998–2011) MN 7 (1980–1990) MT 6 (2006–2026) LA 4 (1999–2016) CT 4 (2016–2020) TN 3 (2003–2021) NM 3 (2002–2021) FL 3 (2004–2009) IL 2 (2020–2021) VT 2 (2011–2012) ID 2 (2021–2022) AK 2 (1988–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check