NCJ Number
134862
Journal
Journal of Juvenile Law Volume: 12 Dated: (1991) Pages: 120-129
Date Published
1991
Length
10 pages
Annotation
Mandatory appellate review of juvenile court orders may add additional injury to an often traumatic process, and the 1990 case involving Tiffany Y. is one of several opinions by appellate justices that urge the California Legislature to create an alternative procedure for appellate review of dependency orders.
Abstract
Tiffany was placed in protective custody on the day she was born. A petition was filed 2 days later to place her under the juvenile court's jurisdiction. A bitterly contested jurisdictional hearing ended with dispositional orders making Tiffany a ward of the juvenile court. Tiffany was removed from her mother's custody at birth and was the subject of an unusually swift dependency order because of tragic incidents involving Tiffany's two sisters. The oldest sister was placed in protective custody when she was 4 years of age after her infant sister was found dead and sexually molested while in their father's care. The appellate court found ample evidence that the mother had failed to protect the sisters and, by inference, would fail to protect Tiffany since she was still emotionally dependent on her husband and refused to believe he had any part in the infant's death. The author concludes that minor children already damaged by a dysfunctional home should have a chance for a more secure future without having to proceed through a judicial gauntlet. An issue, however, is that due process safeguards should be applied before a parent's rights are terminated. The answer is not to eliminate appellate review but rather to make the review quicker and more responsive. Possible solutions focus on review by grant of writ petitions, concurrent proceedings and consolidated appeals, and the provision of appropriate computer technology to juvenile courts to minimize court delays. 43 footnotes