Andrew K. v. Sup. Ct.
This writ proceeding arises due to the Sutter County juvenile courts failure to comply with California Rules of Court applicable to the jurisdictional hearing in this dependency proceeding.
Andrew K. (father) and Brittany G. (mother), the parents of N.K. (the minor), seek an extraordinary writ to vacate juvenile court orders denying reunification services and setting a hearing pursuant to Welfare and Institutions Code section 366.26. (Cal. Rules of Court, rule 8.452; further rule references are to the California Rules of Court, and further section references are to the Welfare and Institutions Code.)
They contend the jurisdictional findings and dispositional orders must be reversed because, at the jurisdictional hearing, the juvenile court failed to comply with the requirement to advise them of their rights and make certain findings before accepting their submission of the matter on the issue of jurisdiction.
Court agree the court erred. However, as court explain, the court already had advised father and mother of their rights and the potential consequences of the dependency proceeding, they were represented by counsel at the jurisdictional hearing, and the totality of the circumstances demonstrates that their submission of the matter on the issue of jurisdiction was both voluntary and intelligent. Accordingly, Court deny the petition.
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