This was a challenge of the denial of a pendente lite fee order under Family Code section 2030. Though the appellant made a pendente lite fee request, the trial court did not rule on the issue of attorney fees until the conclusion of the trial. The appellate court concluded that the trial court violated Family Code section 2030 by not ruling on the appellant’s attorney fee request, as the statute requires a reasonably prompt ruling on such a request. The failure was prejudicial because the self-represented appellant failed to have a grant deed that would have established a transmutation in her favor admitted during the trial. The appellate court further concluded that, if the appellant was represented by counsel Read more
This is an Indian Child Welfare Act case where inquiry and notice were not properly effectuated in the trial court. After termination of parental rights, the Department (of Children and Family Services) conducted the further ICWA inquiry as required and submitted its findings to the juvenile court and the juvenile court made findings that ICWA noticing and investigation was completed and that the ICWA was inapplicable. Subsequently the Department petitioned to supplement the record with that finding and moved the appellate court to dismiss the appeal as moot. The Appellate court declined. Read more
This case involves domestic violence between the parents in the children’s presence. After an initial voluntary services period, and another incident which father reported to their worker, and an executed adjustment, the Department filed a petition and detained the children. The juvenile court also Read more
During post-permanency (after a permanent plan is chosen following termination of efforts to reunify children with their parents*), mother filed a Welfare and Institutions Code (W&I) §388 petition for additional reunification services. Read more