In re Maya S. CA2/7

Good Law
Court of Appeal of CaliforniaJuly 22, 2014B252723California2,214 words

Opinion

Opinion

Zelon, J.

DISCUSSION

I. Denial of Continuance

Section 352 governs continuances in dependency hearings. Continuances must be requested in writing at least two court days prior to the hearing date, unless the court for good cause entertains an oral motion for a continuance. (§ 352, subd. (a).) A continuance may be granted only upon a showing of good cause, and only if it is not contrary to the interests of the minor. (Ibid.) In considering the minor’s interests, the court is to give weight to the minor’s need for prompt resolution of his or her custody status, the need to provide children with stable environments, and the damage to a minor of prolonged temporary placements. (Ibid.) Here, the juvenile court denied DCFS’s request for a continuance. We review the decision to deny a continuance for an abuse of discretion (In re Giovanni F. (2010) 184 Cal.App.4th 594, 605), and we find none. In the present case, DCFS did not file a written request for a continuance, but requested one orally on the day set for the adjudication hearing. Counsel for DCFS stated

All further statutory references are to the Welfare and Institutions Code.

3 that the reason that a continuance was needed was…

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