In Re Larissa W.

Good Law
227 Cal. App. 3d 124·277 Cal. Rptr. 802
Court of Appeal of CaliforniaJanuary 30, 1991B047535California2,677 words

Opinion

Opinion

In this juvenile dependency proceeding (Wel. & Inst. Code, § 300) [1] , the Los Angeles County Department of Children's Services (County) appeals "from the November 27, 1989 order dismissing the Matter of Larissa W. (No. JD 50605) and from the November 28, 1989 denial of the application for rehearing of said matter." Because the Matter of Larissa W. (No. JD50605) was actually dismissed on November 28, 1989, not November 27, 1989, we construe the notice of appeal to be taken from the November 28, 1989, minute order dismissing the section 300 petition.

We conclude that County, acting on behalf of the minor in this case, was denied its right to an adjudication by a judge or an officer exercising judicial powers following the decision of a hearing officer, who did not exercise such authority.

The County contends that the juvenile court committed prejudicial error in denying its application for a rehearing pursuant to section 252 without reading the transcript of the adjudication hearing held before a commissioner. The County also contends that the juvenile court prejudicially erred in dismissing the petition at the close of its case-in-chief because, under…

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