Sacramento County Department of Health & Human Services v. Kathleen K.

Good Law
2000 Cal. App. LEXIS 442·2000 Daily Journal DAR 5949·81 Cal. App. 4th 255·96 Cal. Rptr. 2d 595·2000 Cal. Daily Op. Serv. 4417
Court of Appeal of CaliforniaJune 6, 2000No. C032964California473 words

Opinion

Lead Opinion

Nicholson, J.

*258 Opinion

Recently this court decided it is an abuse of discretion for the juvenile court to deny a parent a contested review hearing (Welf. & Inst. Code, § 366.21, subd. (e)) 1 when the parent has tendered an adequate statement explaining the basis of her request for a contested hearing. (Ingrid E. v. Superior Court (1999) 75 Cal.App.4th 751 [ 89 Cal.Rptr.2d 407 ].) Left unresolved in that case was the general issue whether a juvenile court has the power to require a formal offer of proof before a party may obtain a contested review hearing. The matter before us presents that issue. We conclude the court may not, consistent with the requirements of statute and principles of due process, deny a party the right to a contested review hearing based on an allegedly inadequate or even a nonexistent offer of proof.

Background

On September 21, 1998, the Sacramento County Department of Health and Human Services (DHHS) filed amended section 300 petitions on behalf of three-year-old James and four-year-old Matthew. Those petitions alleged generally that appellant, Kathleen K., the mother of the minors, suffered from mental illness and substance abuse problems that rendered her…

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