In re Emily D.
Annotate this CaseIn November 2013 the Los Angeles Department of Children and Family Services filed a dependency petition on behalf of Elizabeth’s three children, ages 10, eight and six, alleging Elizabeth had a history of substance abuse and had tested positive for methamphetamines and marijuana; the father of Heather (Allan) had abused marijuana; and the home Allan shared with Elizabeth and the children was filthy and unsanitary. The detention report indicated previous referrals had been received in 2004 and 2006 alleging drug use by Elizabeth. The juvenile court entered jurisdiction findings and disposition orders declaring the children dependents of the juvenile court, removing them from Elizabeth’s care and custody and placing them with their respective fathers under the supervision of the Department. The court of appeal affirmed, rejecting Elizabeth’s arguments that the juvenile court deprived her of due process by assuming the function of an advocate rather than an impartial tribunal; violated Welfare and Institutions Code section 3521 by continuing the jurisdiction/disposition hearing without good cause; and violated section 350(c), by improperly considering evidence submitted after the Department had presented its case-in-chief.
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