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juvenile dependency court and culture of fear

1/5/2019

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Too often the court systems are run and managed through a culture run by blame and fear. The judges and agency will make decisions based on '"the child's best interests". This can be unfortunately can lead to case plans and other decisions being made with stringent requirements that are often overboard and seemingly random. Even though the agency cites that the case plans are made for individual families and meant to address the specific issues each family struggles with, the case plans are generalized and the services are usually the same for most people. Many people are assigned to parenting classes, DV classes, therapy, and or rehab. Even then, the parents must attending CFTs and visits at a set schedule in order to comply with their case plan. The court often fails to consider the parent's working schedule when making these plans but still mandate that the parents show or be penalized. Should the parents protest too much they could be written up as noncompliant or oppositional. 

The judges in these courts often "rubber stamp" the case plans that the case workers propose. The judge usually concurs with the agency as to not stir the waters and place themselves for criticism should anything go wrong. Most of the time the judges will abide by any recommendations by the agency. During the hearing, the attorney's do very little to contest the allegations in the report. Even if the parents ask their counsel to questions matters, the typical response they will get is to just comply with their case plans or that the attorney's cannot do anything. Should the parent's not like the judge that they were assigned, they can request a 170.6 which allows them to change their judge based on past prejudice. However the next judge they get can be equally or more prejudice. It is a random pick after a 170.6 is approved. 

Generally but not always if the judge has worked years or more in dependency court, this means that their judgement will lean in fovour of the agency. These judges are swayed by the culture of fear and blame. By ordering the parenting to such classes and therapy sessions, it alleviates the blame from the agency should something. The juvenile court relies on the smoking gun theory too often leading to long drawn out cases. 
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Juvenile Dependency Court 
​
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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  • 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