FAMILY LAW CASES

• In re Claudia E.
• In re Joseph T.
• In re: R.D.

California Appellate Districts, June 02, 2008
In re Claudia E., No. D052169
Declaratory relief is available in juvenile court if there is an actual controversy between the parties as required under the law. Thus, the juvenile court has the authority to grant declaratory relief in a case wherein it is alleged that a child welfare agency has a policy of untimely filing supplemental petitions in contravention of statutory requirements. Read more...

California Appellate Districts, June 03, 2008
In re Joseph T., No. B198610
A relative placement preference under Welfare and Institutions Code section 361.3 applies at least through the family reunification period and section 361.3, subdivision (d) expands, rather than contracts, the application of the placement preference. Read more...

California Appellate Districts, June 03, 2008
In re: R.D., No. E044391
In juvenile proceedings wherein the San Bernardino County Juvenile Court "accepted" a transfer of a child supervision case from the Los Angeles County Juvenile Court for the sole purpose of entering orders to transfer the matter back to Los Angeles County, the court of appeals rules that: 1) the San Bernardino County Juvenile Court's refusal to accept the transfer from Los Angeles County was improper, as it did not hold a separate hearing and failed to consider whether the best interest of the child would be served by the re-transfer; and 2) alternatively, aside from definitional intricacies that a transfer after "acceptance" is not technically a "refusal", the San Bernardino Court abused its discretion by transferring the case to Los Angeles County in light of the fact that the child and his legal guardian both actually lived in San Bernardino County. Read more...