Dependency and LPS Conservatorship
A minor under the jurisdiction of the juvenile dependency court can be subject to an LPS Conservatorship. Minors under the LPS conservatorship are governed by Welfare and Inst Code § 5585.25. When an LPS Conservatorship is ordered while a minor has an open case with the juvenile court, the LPS conservator will inherit the majority of the decision making power and the case worker will assume more of a supervision role in which they facilitate child welfare services, visitation with parents, and liaison with the court. Juvenile court proceedings are suspended for as long as the LPS court maintains LPS conservatorship. The juvenile court may not make decisions regarding placement, health care, or educational decisions until the LPS conservatorship is lifted.
Starting an LPS Conservatorship for dependent minor
The social worker may determine if the child’s situation needs services of the public conservator and contact duty worker at the Public Conservator’s office.
1 If determined that LPS may be the best choice, the social worker will consult with the child’s psychiatrist regarding need and appropriateness for conservatorship. The issue of LPS conservatorship may be discussed at the next CFT.
2 The child’s psychiatrist will screen child for appropriateness and initiate an LPS referral and fill out paperwork.
Like adult proceedings, a minor will be assessed by the duty worker to determine their level of impairment and plan for care. If a temporary conservatorship is initiated, the court will set a hearing 30 days from the initiation of temporary conservatorship. The minor will be assigned counsel who will contact them a few days before the hearing and obtain key information such as whether they wish to contest grave disability, educate them on LPS matters, and any other issues the minor wishes to raise. Once the permanent conservatorship hearing takes place, letters will be issued and the minor placed in the level of treatment deemed appropriate by the court. Social worker will informed of all the decisions and placements made by the LPS court, but the public conservator’s decisions supersede the juvenile court. Again during the duration of the P-con the juvenile court cannot make any orders regarding placement or progression of the case until the LPS conservatorship has terminated.
See:
In re Michael E. (1975) 15 Cal.3d 183
In re Michael D. (1977) 70 Cal.App.3d 522
In re L. L. (1974) 39 Cal. App. 3d 205
LPS Conserved Parents.
There is very little in the law about LPS conserved parents and their visitation rights during a dependency hearing. Will update when new information is found.
Starting an LPS Conservatorship for dependent minor
The social worker may determine if the child’s situation needs services of the public conservator and contact duty worker at the Public Conservator’s office.
1 If determined that LPS may be the best choice, the social worker will consult with the child’s psychiatrist regarding need and appropriateness for conservatorship. The issue of LPS conservatorship may be discussed at the next CFT.
2 The child’s psychiatrist will screen child for appropriateness and initiate an LPS referral and fill out paperwork.
Like adult proceedings, a minor will be assessed by the duty worker to determine their level of impairment and plan for care. If a temporary conservatorship is initiated, the court will set a hearing 30 days from the initiation of temporary conservatorship. The minor will be assigned counsel who will contact them a few days before the hearing and obtain key information such as whether they wish to contest grave disability, educate them on LPS matters, and any other issues the minor wishes to raise. Once the permanent conservatorship hearing takes place, letters will be issued and the minor placed in the level of treatment deemed appropriate by the court. Social worker will informed of all the decisions and placements made by the LPS court, but the public conservator’s decisions supersede the juvenile court. Again during the duration of the P-con the juvenile court cannot make any orders regarding placement or progression of the case until the LPS conservatorship has terminated.
See:
In re Michael E. (1975) 15 Cal.3d 183
In re Michael D. (1977) 70 Cal.App.3d 522
In re L. L. (1974) 39 Cal. App. 3d 205
LPS Conserved Parents.
There is very little in the law about LPS conserved parents and their visitation rights during a dependency hearing. Will update when new information is found.