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Supreme Court of California


In re Nolan W., S159524

In a juvenile dependency action, lower court judgment is affirmed where: 1) a juvenile court has the power to order a parent to participate in substance abuse treatment as part of a reunification plan; and 2) the juvenile court may not use its contempt power to incarcerate a parent solely for the failure to satisfy conditions of a voluntary case plan imposed to facilitate reunification.

Appellate Information

  • Decided 03/30/2009
  • Published 03/30/2009

Judges

  • CORRIGAN, J.

Court

  • Supreme Court of California

Counsel

  • For Appellant:
  • Kathleen Murphy Mallinger, San Diego, under appointment by the Supreme Court, for Petitioner Kayla W., Julie E. Braden, San Diego, under appointment by the Supreme Court, for Minor Nolan W.

  • For Appellees:
  • John J. Sansone, County Counsel, John E. Philips, Chief Deputy County Counsel, Gary C. Seiser and Lisa M. Maldonado, Deputy County Counsel, for Respondent San Diego County Health and Human Services Agency., Douglas B. Marlowe, Carson L. Fox, Jr.;  Charles A. Murray, Tustin;  Law Office of William E. O'Nell and William E. O'Nell, for National Association of Drug Court Professionals and California Association of Drug Court Professionals as Amici Curiae on behalf of Respondent San Diego County Health and Human Services Agency.
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