California Court of Appeal
In re H.S., In re H.S.
Juvenile court's orders adjudicating minors to be dependent children and removing them from parental custody are affirmed as the tern "new evidence" in section 388 means material evidence that, with due diligence, the party could not have presented at the dependency proceeding at which the order, sought to be modified or set aside, was entered, and here, the father's section 388 motion relied on a expert opinion that was based not on any new evidence, but on the same evidence available to the experts who testified at trial. Further, to allow the belated new opinion evidence to support a section 388 motion would be contrary to the public policy calling for promptness and finality of juvenile dependency proceedings in order to protect the best interests of the child.
Appellate Information
- Decided 09/02/2010
- Published 09/02/2010
Judges
- SCOTLAND
Court
- California Court of Appeal
Counsel
- For Appellant:
- Frank E. Dougherty, Robert A. Ryan, Jr.