In Re Charles B.

Children's Protective Services v. Charles B.

Good Law
189 Cal. App. 3d 1204·1986 Cal. App. LEXIS 2426·235 Cal. Rptr. 1
Court of Appeal of CaliforniaNovember 18, 1986C000278California2,271 words

Opinion

Opinion

Carr, J.

—In this dependency proceeding, the issue on appeal is whether the time limit prescribed by section 366.2 of the Welfare and Institutions Code for the filing of a report by the probation or other officer for status review hearings is jurisdictional.

At the six-month status review hearing herein, the trial court dismissed the dependency proceedings of Charles and Shannon B. on the sole ground the Children’s Protective Services (petitioner herein) failed to submit and serve the report in question within the specified time.

Petitioner’s subsequent motion to set aside this order was denied and petitioner appeals from these rulings. We conclude the time limitations are directory, not mandatory, and therefore not jurisdictional. We shall reverse.

Procedural Backgound

On June 21, 1985, the court convened for a six-month status review hearing. The social worker’s report had recommended the minors be placed in their mother’s custody. Petitioner advised the court that one day earlier, on June 20, the minors’ mother informed the social worker that she was leaving the area and was unable to take the children. Petitioner requested a two-week continuance to devise an alternative…

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