What factors are considered by the California Supreme Court in determining whether to grant a dependency order?

California, United States of America


The following excerpt is from Cynthia D. v. Superior Court, 19 Cal.Rptr.2d 698, 5 Cal.4th 242, 851 P.2d 1307 (Cal. 1993):

The majority considers the California dependency procedures for terminating parental rights in light of the factors the United States Supreme Court specified in Mathews v. Eldridge, supra, 424 U.S. at page 335, 96 S.Ct. at page 903, and concludes that due process does not require use of the stricter standard of proof by clear and convincing evidence to terminate parental rights under that statutory scheme. (Maj. opn., ante, at p. 706 of 19 Cal.Rptr.2d, p. 1315 of 851 P.2d.) According to the majority, to require an "elevated standard of proof" at the section 366.26 "selection and implementation" hearing, would "heavily burden efforts to place the child in a permanent home." (Maj. opn., ante, at p. 706 of 19 Cal.Rptr.2d, p. 1315, of 851 P.2d.)

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