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Court review of key evidence

1/22/2019

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Conservatorship of Margaret L. (2001) 89 Cal.App.4th 675 The Fourth District Court of Appeal held that when appointed counsel in a conservatorship appeal fails to discover an arguable issue, the Court of Appeal must independently review the record upon request. Civil commitment to a mental hospital threatens a person’s dignity and liberty on as massive a scale as that traditionally associated with criminal prosecutions and hence it is not too burdensome for the appellate court to review the record for arguable issues. The court stated, “We did not find it too burdensome under these circumstances to expend two or three hours to review this sparse record for arguable issues. Such cases, after all, terrorize us with the prospect of extra work.” (Id. at 682).


In the realm of dependency court, this rings especially true. Without the proper attorney, the parents are often forced to enter a plea of not guilt. Usually the court will still make a true finding on the petition and the parents are ordered to services. During the detention hearing, the court will find that the children will need to be removed and the parents ordered to return for the jurisdiction/ disposition hearing. During the J&D hearing this is the only time that evidence will be heard in front of the court. Even then the hearing is very short (around 10 min) and the review of the report is perfunctory at best. I understand that there is a dearth of time but sometimes the reviews are ridiculous short. If parent's counsel sets it for contested matter,, then that hearing will be equally short and shallow. This is a large issue because there are often issues that may lead to fewer services or a shorter time line to unsupervised visits. Without proper review the parent is often denied their right to a complete hearing.


This is also an important matter in the fact that the conservatee's record often contains misstatements or partially incorrect information. Having taken care of clients and been in cases myself I can attest that this does not happen. Almost never. Too often the counsel is overworked and does not have time to review the case properly. I have seen clients ask their counsel to contest that there are lies in the file, but their attorney dismisses them or simply enters that the conservatee will contest the conservatorship. There are no serious evidentiary hearings set for the conservatee. and as a result, many conservatees have complained about inaccurate dates and statements. Take it from the conservatee's point of view. If someone wrote many inaccuracies about you but the court decided to take as a fact would you not feel slighted. As if your opinion or view of reality was not serious taken into consideration. All of these people talking about your life but you have no say.


That is all I have for today. Remember that for all those case workers and attorneys as your client's opinions matter. You're supposed to be helping and doing all of this for them not yourself.
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    Juvenile Dependency and
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Juvenile Dependency Court 
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2851 Meadow Lark Drive  Dpt 10

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


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San Diego, California 92101 
Phone: (619) 844-2700



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Phone: (858) 694-3500 ext 2
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  • 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