What is the test for determining whether a juvenile court has considered the wishes of the child consistent with the child's age?
California, United States of America
The following excerpt is from Sacramento Cnty. Dep't of Child, Family & Adult Servs. v. B.H. (In re H.H.), C090367 (Cal. App. 2020):
As a preliminary matter, the court's minute order states the court "has considered the wishes of the child, consistent with the child's age." We presume the juvenile court did what it said it did. (People v. Mosley (1997) 53 Cal.App.4th 489, 496 ["The general rule is that a trial court is presumed to have been aware of and followed the applicable law"].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
What is the test for determining whether a trial court has jurisdiction to order child support when the child is a minor? (California, United States of America)
How have courts interpreted section 43.1 of the Child Support Guidelines when determining whether a father has to support his unborn child? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
What is the test for determining whether a plaintiff's financial condition is to be considered a factor in determining whether to award punitive damages? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
Does section 7895 of the California Family Code require an appellate court to appoint counsel for a parent unable to afford counsel for their child who is a dependent child of the juvenile court? (California, United States of America)
What is the test for determining whether the court considered all relevant factors in determining a plaintiff's claim? (California, United States of America)
What considerations do courts consider when determining whether a bank is subject to partial preemption from a state's anti-discrimination legislation? (California, United States of America)
In reviewing a criminal conviction challenged as lacking evidentiary support, does the juvenile court have to consider the same questions in determining guilt beyond a reasonable doubt? (California, United States of America)
