LPS MENTAL HEALTH CONSERVATORSHIP

LPS conservatorship
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​juvenile dependency updates

  • LPS CONSERVATORSHIPS FOR THE GRAVELY DISABLED
    • ABOUT YOURS TRULY
  • LPS Conservatorship Case Law
    • THE ABSOLUTE STATE OF THE COURT OF APPEALS
    • Conservatorship of Isaac O- court report omission and jurisdiction
    • 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.
    • 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
    • Jury Trial Delays - Conservatorship of Joanne R.
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • In re Elizabeth R- LPS Conserved Parent with a concurrent dependency case
    • Conservatorship of C.O. - Waiver of Jury Trial
    • 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
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • LPS Conservatorship Court Overview
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      • LPS Conservatorship for Dependent Parents and Minors
    • WHY ARE LPS CONSERVATORSHIP AND PROBATE CONSERVATORSHIPS DIFFERENT
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      • In re Ben C- Wende Brief no issue writ
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7/24/2019

Collateral Estoppel and in re Joshua J. (1995)

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In re Joshua J. (1995)

In this case the superior court ruled that Welf and Inst Code § 300 petitions cannot be re- litigated under the collateral estoppel/res judiciata doctrine. Appellant cited that the trial court had erred in not allowing him to re-litigate the basis of dependency, the original WIC § 300 petition and there was insufficient evidence for a basis of dependency and removal. 

Appellant contested the finding of the WIC § 300 (j) petition on the half sibling stating that there was not sufficient evidence proffered to sustain the finding that the half sibling was at risk of abuse because the other sibling had been abused. The appellate court disagreed stating that because a true finding had made on the original § 300 petition on the appellant's own son who then was adjudged a minor described under Welf and Inst Code § 300 earlier, the dependency of the half sibling was precluded from litigation under the collateral estoppel aspect of the res judicata doctrine.

"The doctrine of res judicata gives certain conclusive effect to a former judgment in subsequent litigation involving the same controversy. It seeks to curtail multiple litigation causing vexation and expense to the parties and wasted effort and expense in judicial administration." (7 Witkin, [39 Cal. App. 4th 993] Cal. Procedure (3d ed. 1985)

Under the collateral estoppel doctrine, the court can prevent a party from relitigating an issue, issue preclusion. The court finds that the appellant’s appeal without merit. To uphold its finding court turns to the elements to assert collateral estoppel. 

First, the court will consider whether there was a previous litigation in which identical issues were raised to the present one. Secondly the issue must have been fully litigated. Finally, a final judgement must have been entered on the issue in question. In addition, the party who subject to the estoppel must have been the same. The appellate court finds that all the criteria were met in this case.

The previous dependency of the minor satisfied the first criteria. The juvenile court had fully litigated and entered a final judgement on the Welf and Inst Code § 300 petition. The court had weighed all of the evidence and made a true finding. The issue of whether Justin was abused, the j count, had been the subject and decided in the previous dependency proceeding and is identical to this issue to be re litigated. The minor child and the appellant were both parties or privity to a party of the previous case. In this case the court considered the half son a close relative
 to the party and therefore the proceedings applied to him as much as the appellant's own child. As a result, the appellate court found that collateral estoppel was properly asserted in this case.
 
Appellant incorrectly cites another case (in re. Benjamin D) as estoppel was incorrectly applied due to requirements that the privity of parties be the same and the issues not being identical because the two proceedings had different purposes.
 
 
Appellant also asserted that the court’s refusal to re litigate the issue contravened the meaning and the language of Welf and Inst Code § 300: subdivision (j): “The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the minor.” The appellate court disagrees. The appellate court states that the language referred to above is intended for the second prong of the j count which would be whether a minor is at risk of abuse or neglect not whether a sibling was abused which is the first prong.
 
The other issue was that the appellant indicated a desire to re-litigate the issue of whether the minor was abused and not the circumstances surrounding the abuse ... of the sibling. The appellant had failed to make an offer of proof suggesting that the abuse had occurred under a certain scenario. The record indicated that appellant wished to dispute the forensic findings as misinterpretations. The appellate court found that re litigation of the forensic findings would be tantamount to relitigating the WIC § 300 finding of abuse or neglect and therefore be properly blocked under the principal of res judicata.
 
The appellate court adds that even should the instant court in 1987 proceeding had made a mistake regarding the circumstances of the abuse, it would have been a harmless error given the serious nature of the minor’s injuries.
 
The appellate court sustained the trial court’s finding of dependency.
 
 
 
 
In re Joshua J., 39 Cal. App. 4th 984
 Court of Appeal of California, Fourth Appellate District, Division One
 September 29, 1995, Decided

 
In re JOSHUA J., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. JAMES J. et al., Objectors and Appellants.
 
Prior History: Superior Court of San Diego County, No. J509578, Yuri Hofmann, Referee.
 
Disposition: The judgment is affirmed.

 
Case Summary
 
Procedural Posture
Appellant father and mother challenged the decision of the Superior Court of San Diego County (California), which, pursuant to Cal. Welf. & Inst. Code § 300(j), declared their son a dependent of the San Diego County Juvenile Court and removed him from appellants' custody.
 
Overview
Respondent San Diego County Department of Social Services filed a dependency petition, alleging that appellant father and mother's newborn child required juvenile court protection under Cal. Welf. & Inst. Code § 300(j), which allowed the juvenile court to assert jurisdiction over a minor where the minor's sibling has been abused or neglected and there was a substantial risk that the minor would be abused or neglected. The newborn's half brother had been physically and sexually abused by appellant father, and had been removed from appellant father's home in a prior dependency proceeding. The trial court found in favor of respondent and removed the newborn from appellants' custody. Appellant father contended that the trial court violated his due process by denying him the right to relitigate the basis of the prior dependency proceeding. The court affirmed, holding that any attempt to relitigate the prior proceeding was barred by collateral estoppel.
 
Outcome
The court affirmed the trial court's judgment that removed appellant father and mother's newborn child from their custody because appellant father's claim that he had a right to relitigate the basis of a prior dependency proceeding in which he was found to have abused the newborn's sibling was barred by the doctrine of collateral estoppel.



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© 2017 LPS Conserved   ALL RIGHTS RESERVED.
  • LPS CONSERVATORSHIPS FOR THE GRAVELY DISABLED
    • ABOUT YOURS TRULY
  • LPS Conservatorship Case Law
    • THE ABSOLUTE STATE OF THE COURT OF APPEALS
    • Conservatorship of Isaac O- court report omission and jurisdiction
    • 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.
    • 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
    • Jury Trial Delays - Conservatorship of Joanne R.
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • In re Elizabeth R- LPS Conserved Parent with a concurrent dependency case
    • Conservatorship of C.O. - Waiver of Jury Trial
    • 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
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • LPS Conservatorship Court Overview
    • Public Conservator >
      • Los Angeles Public Guardian
      • CONSERVATORSHIP INVESTIGATION REPORT
      • CAREER >
        • Continuing Education
        • Public Conservator County Numbers '16
        • San Diego Public Conservator '19
      • LPS Conservatorship for Dependent Parents and Minors
    • WHY ARE LPS CONSERVATORSHIP AND PROBATE CONSERVATORSHIPS DIFFERENT
    • Court of Appeals >
      • In re Ben C- Wende Brief no issue writ
    • Trial Court Transcript
    • Conservatorship Legal Documents
    • INITIAL INVOLUNTARY PROCEEDINGS >
      • Grave Disability >
        • Present 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
  • For LPS Conservatees
    • RIGHT TO APPEAR IN COURT
    • JUDICIAL REVIEW >
      • WRIT OF HABEAS CORPUS
    • NOTICE
    • MEDICATION
    • PLAN OF CARE IF DISCHARGED
    • RIGHT TO COUNSEL
  • BUILDING A STRONG CASE FOR CONSERVATORSHIP
    • POWERS OF CONSERVATOR >
      • Placement Powers
      • Medication powers
    • WHY ONLY THE PUBLIC CONSERVATOR IS ALLOWED TO FILE FOR LPS CONSERVATORSHIP
    • SERVING AS CONSERVATOR
    • DSM V DIAGNOSIS LIMITS
    • CONSERVATEE INTERVIEW
    • HISTORY OF DECOMPENSATION AND LACK OF INSIGHT
    • WRAPPING IT ALL TOGETHER AND CREATING THE NEXUS BETWEEN SYMPTOMS, HISTORY, COMPLIANCE, THIRD PARTY ASSISTANCE TO PROOF OF CURRENT GRAVE DISABILITY BEYOND A REASONABLE DOUBT
  • MAKING SENSE OF THE RULES OF EVIDENCE AND PRESENTING YOUR EVIDENCE AT TRIAL
  • JUVENILE DEPENDENCY
    • FAST TRACK DEPENDENCY
    • DEPENDENCY APPEALS
    • DETENTION
    • JURISDICTION DISPOSITION (JURIS/DISPO)
    • §366.26 Hearing: Selection and Implementation
    • 730 Evaluators
    • Case Plan
  • New Updates
    • Right to Choose