Does submitting on a social worker's recommendation to the juvenile court waive a parent's right to challenge a juvenile court decision accepting the recommendation?

California, United States of America


The following excerpt is from L. A. Cnty. Dep't of Children & Family Servs. v. Southern (In re L.W.), B252903 (Cal. App. 2014):

While submitting on a social worker's recommendation may waive a parent's right to challenge a juvenile court decision accepting the recommendation (In re N.S. (2002) 97 Cal.App.4th 167, 170), in general "[s]ubmission on a tentative ruling is neutral; it conveys neither agreement nor disagreement with the analysis." (Mundy v. Lenc (2012) 203 Cal.App.4th 1401, 1406.) Moreover, "[a]lthough a parent who submits on a particular report or record acquiesces to the evidence, the parent preserves the right to challenge the sufficiency of the evidence to support a particular legal conclusion." (In re N.S., at p. 170.) Thus, we consider the merits of mother's challenge to the court's disposition orders.

Page 20

B. Substantial Evidence Supported the Dispositional Order of Removal and Custody and Visitation Orders Upon Termination of Jurisdiction

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