San Diego County Health & Human Services Agency v. Ian M.

Ian M. (father) appeals the denial of his request for a stay of dependency proceedings involving his two children, Amber and Ian, under the Servicemembers Civil Relief Act (SCRA), title 50 United States Code Appendix sections 501 to 596. 1 The court denied the request for a stay, finding it did not comply with the requirements of section 522(b). Specifically, the court found the letter father submitted from his commanding officer did not demonstrate that his active military duty prevented his appearance at the proceedings. The court thereafter entered a voluntary plan and terminated jurisdiction.

Father appeals, asserting (1) the stay request met the SCRA’s conditions; (2) his request substantially complied with the SCRA’s conditions; and (3) the court erred in ordering a voluntary plan without notifying him and obtaining his consent, in violation of his due process rights and Welfare and Institutions Code section 301.

We conclude that (1) liberally construing father’s application for a stay, it met the requirements of section 522(b) or at minimum substantially complied *1226 with the requirements of section 522(b); and (2) assuming it did not meet the requirements of…