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.26 hearing

1/5/2019

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Since termination of parental rights is such a serious matter, the court has an quite a few legal safeguards for parents and case workers. The burden of proof for termination of parental rights stands at clear and convincing evidence. Overall the standard of proof is lower than criminal trials due to the consideration that children are more vulnerable and there can be no room for error.
​
If the child requests that their parent's rights not be terminated, this may serve as grounds for not terminating parental rights. this raises an interesting issue as one may ask several questions regarding the child's capacity of understanding the legal matters. Several of the key issues is that the child must give an opinion on their adoption, have a chance to review the case plan and sign it, and opinion on parental rights. Take for example if the child expresses a desire for their parents to have their rights terminated, the court may heavily consider such statements in consideration when deciding to TPR. If the child expresses an interest in maintaining a legal relationship with their parents, then the court must look toward the benefit of an ongoing parental relationship. This can be done by a bonding study which will explore the extent and effects of the parent's relationship to the child. The court may also strongly consider sibling relationships when deciding whether to terminate parental rights. It is the parent's burden of proof when it comes to providing that the child has a strong connection to their siblings.
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Juvenile Dependency Court 
​
2851 Meadow Lark Drive  Dpt 10

San Diego, California 92123
Phone: (858) 634-1600


San Diego Central Courthouse
1100 Union St
San Diego, California 92101 
Phone: (619) 844-2700



Office of the Public Conservator
5560 Overland Ave Ste 130
San Diego, California 92123
Phone: (858) 694-3500 ext 2
© 2017 LPS Conserved   ALL RIGHTS RESERVED.
  • LPS CONSERVATORSHIPS FOR THE GRAVELY DISABLED
    • LPS CONSERVATORSHIP OVERVIEW >
      • POWERS OF CONSERVATOR >
        • Placement Powers
        • Medication powers
  • LPS Conservatorship Case Law
    • Disparate Treatment- Conservatorship of E.B
    • Conservatorship of KW- hearsay and jury instructions
    • Peremptory Challenges and Conservatorship of Gordon
    • Conservatorship of Sorenson privacy rights and LPS matters
    • Imposition of special disabilities- Conservatorship of Walker
    • Continuing Jurisdiction/Jury Instruction and Conservatorship of McKeown
    • Hearsay and conservatorship of Manton
    • Conservatorship of the Person of S.A.
    • In re Ben C- Wende Brief no issue writ
    • Writ of Habeas Corpus burden of proof
    • Conservatorship of Roulet- burden of proof
    • Special disabilities and due process- Conservatorship of K.G and Donna H.
    • Conservatorship of Davis and Third party assistance
    • Marsden hearings/ due process Conservatorship of David
    • Conservatorship of Torres and admissibility
    • Jury Instruction and Conservatorship of Law
    • Conservatorship of George H- jury instruction
    • Public Conservator's Exclusive Power to Initiate LPS Conservatorship Kaplan v. Superior Court
    • Constitutionality of LPS conservatorship- Conservatorship of Delay
    • Investigation report- Conservatorship of Ivey
    • Conservatorship of Jesse G
    • Grave Disability Standard and Jury trial notice Conservatorship of Benvenuto
    • Conservatorship of Kennebrew vs Conservatorship of Karriker
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • Conservatorship of Smith and strange behaviour
    • Jury Trials- ​Conservatorship of Jose B
    • Conservatorship of Baber and Double jeopardy and third party evidence >
      • WIP- Conservatorship of Tedesco
      • Conservatorship of Symington (1989)
      • Effective Counsel
      • Faretta and Marsden
      • Exceptions: Third Party Evidence
      • Present Grave Disability
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • YOUR DAY IN COURT
    • Deposition Sample
    • Conservatorship Legal Documents
    • Conservatorship proceedings >
      • Grave Disability
      • Venue
      • Conservator's Bond
      • When the Conservatee Goes AWOL
      • Involuntary Commitment
      • Conservatorship Factors
      • Riese Hearing >
        • Riese Hearing
      • Supplemental Security Income/ SSI >
        • Applying for SSI
        • Documents for SSI
        • Process and Appeal
        • Award Letter
        • Rep Payee
        • SSI Amounts 2018/2019
  • Public Conservator
    • CONSERVATORSHIP INVESTIGATION REPORT
    • CAREER >
      • Continuing Education
      • Public Conservator County Numbers '16
      • San Diego Public Conservator '19
    • LPS Conservatorship for Dependent Parents and Minors
  • New Updates