In Re Wilford J.

Los Angeles County Department of Children & Family Services v. Wilford J.

Bad Law
131 Cal. App. 4th 742·2005 Cal. App. LEXIS 1189·2005 Daily Journal DAR 9151·32 Cal. Rptr. 3d 317·2005 Cal. Daily Op. Serv. 6698
Court of Appeal of CaliforniaJuly 28, 2005B178480California4,144 words

Opinion

Opinion

Perluss, J.

In accordance with the general practice followed by many dependency bench officers in the Los Angeles Superior Court, at the conclusion of the detention hearing held for Wilford J., Sr.’s three children, the juvenile court scheduled a pretrial resolution conference (PRC) — a settlement and status conference — and ordered the Los Angeles County Department of Children and Family Services (Department) to prepare a social study. Wilford J., who did not appear at the detention hearing, was sent a generic notice of hearing on petition, advising him that a petition had been filed on behalf of his three sons and that a hearing would be held on April 27, 2004, at 8:30 a.m. Although the notice also informed Wilford J. that he had the right to be present at the hearing, to present evidence and to be represented by an attorney, as well as that the court may proceed with this hearing whether or not he was present, it did not advise him that the scheduled hearing was a PRC and omitted entirely any description of the nature of the proceedings that would take place on the date scheduled.

When Wilford J., who was not represented at that time by either retained or appointed counsel, did…

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