How have the courts dealt with a father's appeal from a disposition order and from a jurisdictional finding under section 300, subdivision (b) of the Child Support Act?

California, United States of America

The following excerpt is from L.A. Cnty. Dep't of Children & Family Servs. v. Scott M. (In re Ashley M.), B243052 (Cal. App. 2013):

Though Father appealed from both the jurisdictional and disposition orders, he challenges only the juvenile court's jurisdictional findings under section 300, subdivision (b). (See, e.g., People v. Stanley (1995) 10 Cal.4th 764, 793 ["'Every brief should contain a legal argument with citation of authorities on the points made. If none is furnished on a particular point, the court may treat it as waived, and pass it without consideration'"].) The statute provides, in pertinent part, that a child comes within the jurisdiction of the juvenile court if "[t]he child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, . . . by the inability of the parent . . . to provide regular care for the child due to the parent's . . . mental illness, . . . or substance abuse." ( 300, subd. (b).) Jurisdiction under section 300, subdivision (b) is warranted by a showing "the child has suffered or there is a substantial

Page 8

Other Questions

When a child support agreement is incorporated in the child support order, does the court have a duty to exercise its discretion over child support? (California, United States of America)
In a Family Law Application to the Court of Appeal, how have the courts dealt with the issue of sufficiency of evidence in support of a jurisdictional finding? (California, United States of America)
Does the Court of Appeal have jurisdiction to order an order affecting a judgment from the trial court while the appeal is pending? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (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)
What is the effect of section 654 of the Criminal Code of Ontario's Criminal Code when a court finds that a conviction is subject to the provisions of Section 654, subdivision (a) of the Act of the Court of Justice? (California, United States of America)
How will the Court of Appeal interpret the implied findings of fact made by a trial court in support of an order? (California, United States of America)
When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it? (California, United States of America)
What are the findings of the Court of Appeal at the Superior Court of Justice on Beach's appeal against a finding that an autopsy photograph of the victim was unduly prejudicial and lacked probative value? (California, United States of America)
Does the Appeal Court have jurisdiction to hear an appeal pursuant to section 1466, subdivision (a)(1)? (California, United States of America)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.