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Dependency court and family court custody issues

2/21/2019

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Intersection of Juvenile Dependency Court and family court

After a juvenile court ends jurisdiction over a minor, the county will move to family court to establish the issue of custody. Depending on the county the agency will draft exit orders or a final judgement. These orders are the custody orders based on the outcome of the dependency case. They will reflect who has legal and physical custody. Since juvenile court deals with minors at risk of abuse or neglect, their orders supersede any pending family court orders. Sometimes dependency court orders do not ever reach the family court and this can cause confusion later on.

First and foremost: "Second, some family court judges have not understood the authority of juvenile court custody orders. For a number of years, some family court and appellate judges held that they were pendent lite orders and not equivalent to permanent custody orders.33 However, juvenile court custody orders are not similar to pendente lite orders under family law. Instead, they are equivalent to a permanent custody order."

It is important for parents to understand that any orders written by juvenile court supersedes family court orders. Because the minor is at risk, family court must obey dependency custody ordres because they are drafted with the minor's protection in mind. Take for example if the court orders that the father have supervised visit at a designated facility, the family court must obey this. The parents' counsel may not change those orders without good reason. 

In some cases, family court does not receive the dependency orders. "Some family court judges have not been aware that a juvenile court custody order exists. This problem arises depending on the transfer process and depending on whether the juvenile court custody order is available to the family court judge. On occasion, the juvenile court custody order never reaches the family court file."


"The practice is for any modification requests in family court within one year of dismissal of the juvenile dependency case to be heard by the juvenile dependency judge who created the order" 
Another issue is as time passes, the parents may wish to petition for a change in orders. Usually it requires a show of significant change in circumstances to change a juvenile order. In some counties the parents must return to the dependency judge who issued the orders and present their case. Even if the juvenile dependency court terminates jurisdiction, the standing orders shall be a final judgement.  

"Any custody or visitation order issued by the juvenile court at the time the juvenile court terminates its jurisdiction pursuant to Section 362.4 regarding a child who has been previously adjudged to be a dependent child of the juvenile court shall be a final judgment and shall remain in effect after that jurisdiction is terminated. The order shall not be modified in a proceeding or action described in Section 3021 of the Family Code"

Important information that I am passing along to anyone in the dependency process.
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    Juvenile Dependency and
    LPS Conservatorship
     

    Informal entries about both subjects. Case law, updates in legislature, common sense information, and more....

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    December 2020
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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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1100 Union St
San Diego, California 92101 
Phone: (619) 844-2700



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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
      • Suspension of Drivers License
  • 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
    • LPS Conservatorship for Dependent Parents and Minors
  • LPS Conservatorship Case Law
    • 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
    • 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
  • New Updates
  • Harm Reduction
    • Needle Exchange Programs
    • Safe Consumption Sites
    • Safer Injection Drug Use
    • Narcan
    • Syringe Services Programs in SoCal
  • CWS/CMS