How has the court treated the issue of process violation or abuse of abuse?

California, United States of America


The following excerpt is from B.S. v. Superior Court, F080867 (Cal. App. 2020):

process violation or abuse of discretion. Consequently, we consider those issues abandoned. (Berger v. Godden (1985) 163 Cal.App.3d 1113, 1119-1120.) Further, although appellate counsel contends there was insufficient evidence father posed a "risk" to N.S. (i.e., "the social worker relied on insufficient evidence to establish a risk to the child"), she does not seek an order placing N.S. with father or develop an argument challenging the court's finding of detrimental return. More importantly, such a challenge would be frivolous based on this evidence. Father did not ask for custody of N.S. at the contested hearing, conceding instead he was not prepared to care for him. Consequently, the only conclusion that can be drawn from this record is that it would be detrimental to return N.S. to father's custody. We therefore review the only issue properly developed in the writ petitionthe reasonableness of reunification services.

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