COURT PROCEDURES

Roger B. Coffman
Adapted from Materials Prepared for the
Bay Area Academy by
Patrick W. Burke, Esq.
 BASIC
CONSIDERATIONS

 Juvenile Court dependency actions should be

a matter of last resort
 Social workers should utilize voluntary or
informal child welfare services when possible
consistent with the safety of the child
 Social workers must understand the court
process in order to use it to help families
overcome problems which place the child at
risk
Mandates for Cultural
Sensitivity
 Cultural and religious child-rearing practices
and beliefs which differ from general
community standards shall not in themselves
create a need for child welfare services
unless the practices present a specific danger
to the physical or emotional safety of the
child. WIC § 16509.
 Services provided shall be culturally and
linguistically appropriate to the populations
served. WIC § 18961(a)(3).
Mandates for Cultural
Sensitivity
 It is the policy of the state that all children in
foster care shall have . . . fair and equal
access to all available services, placement,
care, treatment, and benefits, and to not be
subjected to discrimination or harassment on
the basis of actual or perceived race, ethnic
group identification, ancestry, national origin,
color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV
status. WIC § 16001.9, subd. (a)(22)
HOW DO YOU MAKE THE COURT
SYSTEM WORK FOR YOU?

 You first must understand how it works

FORENSIC SOCIAL WORK
The study of forensic social work will equip social
workers to:
1. Understand Philosophy of Adversary Process
and Fundamental Principles of Law and
Procedure.
2. Understand the importance of the Crucial
Task of Data Collection.
3. Effectively Present and Defend Assessments
and Recommendations in the Courtroom
Through Reports and Expert Testimony.
 LAWYERS V. SOCIAL WORKERS
MARS AND VENUS?

 Different familiarity with

court
 Different attitude toward
court
 Different language
 Different analytical model
 Different approach to work
 Different value on feelings
 Different masters
 CONCEPTUAL DIFFERENCES:
SOCIAL WORK THEORY vs LEGAL THEORY

SOCIAL WORK LEGAL

The Helping Process The Adversary Process
Presenting Problems Allegations of Wrongdoing
Consensual Involvement Coercion
Partnership Parties to a Dispute
Accommodation Confrontation
Dialogue Cross-Examination
Assessment Legal Analysis
Anecdotal Information Eyewitness Testimony
Data Collection Investigation
Case Conference Trial
SHARED VALUES:
County Counsel and Child Welfare
Workers
 Both value problem resolution
 Both value relationship with client
 Both value the best interest of children
 Both value social justice and fairness
 Both value public service
 Both value professional competence
and integrity
THE JUVENILE COURT
DEPENDENCY PROCESS
DUE PROCESS
(The U.S. Constitution)
“No person shall be… deprived of life,
liberty or property, without due process
of law.”
Fifth Amendment to U.S. Constitution
“Nor shall any state deprive a person of
life, liberty or property, without due
process of law.”
Fourteenth Amendment to U.S. Constitution
DUE PROCESS
Two Types
1.SUBSTANTIVE DUE PROCESS refers
to an individual’s right to be free of
government interference in matters
involving life, liberty and property absent
a reason for such interference.
 DUE PROCESS

2. PROCEDURAL DUE PROCESS: when the government

proposes to interfere with or impair the individual’s constitutional
right to life, liberty or property, the individual has the right to a fair
procedure. Including:
● Right to Notice of Hearing
● Right to Appear in Court
● Right to Assistance of Counsel
● Right to Trial
• Confront/Cross-examine Witnesses
• Subpoena Witnesses
• Present a Defense
• Impartial Trier of Fact
DEPENDENCY COURT

Who are all these people???

Participants in a
Dependency Proceeding
 Judge  Father
 Clerk  Father’s Attorney
 Reporter  Social Worker
 Bailiff  County Counsel
 Child  Court Officer/Court
 Child’s Attorney Assistant
 Mother  CASA
 Mother’s Attorney  Interpreter
Role of the Judge
Role of the Judge
 The judicial function is to declare the law and
define the rights of the parties under it...and
to make binding orders or judgments. In re
Shawna M. (1993) 19 Cal.App.4th 1686
 “The object of a lawsuit is to get at the truth
and arrive at the right result. That is the sole
objective of the judge…” Frankel, "The Search for the
Truth: An Umpireal View," 123 U. Penn. L. Rev. 1031, 1035 (1975).
Role of the Attorneys
Role of the Attorneys
 The social worker is represented by
COUNTY COUNSEL
 The child is represented by an
appointed attorney
 The mother and father are separately
represented by court appointed
attorneys unless the parents hire private
counsel
Role of the Attorneys
 Attorneys have an  Ethical duties of
ethical obligation to lawyers include:
singularly advocate  Loyalty
for the rights and
 Confidentiality
interests of their
particular client  Zeal

 Competence

 Communication
More Participants in a
Dependency Proceeding
 Relatives
 De Facto Parent
 Guardian Ad Litem
 Foster Parent /
Caretaker
 Tribal Representative
 Witnesses
 “Such other persons”
Stages of a Juvenile Court
Dependency Proceeding
Stages of a Dependency Case
 Referral  6-mo Review Hearing

 Protective Custody
 12-mo Permanency H
 § 300 Petition
 18-mo Permanency H
 Initial Hearing
 § 366.26 Hearing
 Jurisdiction Hearing

 Disposition Hearing
 Post-Permanency H
Before Protective Custody
 Referral to Child  The Hotline social
Abuse Hotline worker decides:
 (1) no response, or
 (2) Immediate
response
 (3) 10-day response
 Substantiated
Referrals-Due
Process Issues
PROTECTIVE
CUSTODY
 Under What Circumstances
May a Social Worker Place a
Child Into Protective Custody?
PROTECTIVE CUSTODY
Welf. & Inst. Code §§ 305, 306
 Social workers have limited authority to
place a child into protective custody.

 Law enforcement officers have broader

authority to place a child into protective
custody
PROTECTIVE CUSTODY
Before placing a child into protective custody, a
social worker must have:

 Parental consent, or
 A Court Order, or
 Reasonable suspicion that child falls
within 300(b) or 300(g) AND immediate
danger/ imminent and substantial
threat to the child’s life or health.
= Exigent Circumstance
PROTECTIVE CUSTODY
Before placing a child into protective custody, a
peace officer must have:

 Parental consent, or
 A Court Order, or
 Reasonable suspicion that child falls
within 300 AND immediate danger/
imminent and substantial threat to
the child’s life or health.
= Exigent Circumstance
 DO WE NEED A WARRANT TO SEE A CHILD
OR TAKE A CHILD INTO CUSTODY?

POTENTIAL PROBLEM AREAS

● After going to the home to investigate abuse
allegations, you leave, go to your office and
consult with others before returning to take a
child into custody.
● You are with a police officer who feels that
he can enter over a parent’s objection to
conduct a “welfare check.” Can you also?
●The teenage babysitter answers the door.
 AFTER PROCTECTIVE
CUSTODY
 Once the child has be taken into
Protective Custody, the social worker
has 48 judicial hours to file a petition or
release child to a parent
 PETITION
Welf. and Inst. Code §§ 325-332

A proceeding in the juvenile court to declare

a child a dependent child of the court is
commenced by the filing with the court, by
the social worker, of a petition. . .
SPECIAL PETITIONS

WHICH PETITION DO I USE?

300/342/387/388
SECTION 300 PETITIONS
 Petition used to initiate the dependency
process.
 Ten jurisdictional grounds; a-j.
SECTION 342 PETITIONS
New Allegations Under a Different Subdivision
of Section 300: Section 342 applies to new
facts which fall under a different subdivision
of Section 300.
All procedures and hearings required for an
original petition are applicable to a
subsequent petition filed under this
section.
387 PETITIONS

An order changing or modifying a previous

order by removing a minor from the physical
custody of a parent, guardian, relative, or
friend and directing placement in a foster
home, or commitment to a private or county
institution, shall be made only after notice
hearing upon a supplemental petition.
(a) Supplemental petition contents: a concise
statement of facts sufficient to support the
conclusion that the previous disposition has
not been effective in the rehabilitation or
protection of the minor.
388 PETITIONS

Any parent or other person having an interest in a

child who is a dependent child of the juvenile
court or the child himself through a properly
appointed guardian may, upon grounds of
change of circumstance or new evidence,
petition the court in the same action in which the
child was found to be a dependent child of the
juvenile court or in which a guardianship was
ordered pursuant to Section 360 for a hearing to
change, modify, or set aside any order of the
court previously made or to terminate the
jurisdiction of the court.
388 PETITION

If it appears that the best interests of the child may

be promoted by the proposed change of order or
termination of jurisdiction, the court shall order
that a hearing be held and shall give prior notice,
or cause prior notice to be given, to such
persons and by such means as prescribed by
Section 386, and, in such instances as the
means of giving notice is not prescribed by such
section, then by such means as the court
prescribes.
 WHAT ARE THE 10
GROUNDS FOR
JURISDICITON THAT CAN BE
ALLEGED IN A PETITION?
 10 TYPES OF
ABUSE/NEGLECT
WELFARE AND INSTITUTIONS CODE §300

 A. Physical Abuse

 B. Neglect

 C. Emotional Abuse

 D. Sexual Abuse

 E. Severe Physical
Abuse to Child <5yr
 WELFARE AND
INSTITUTIONS CODE §300
 F. Causing Death of another
child

 G. Abandonment or
Incarceration

 H. No Adoption >12m

 I. Cruelty

 J. Sibling Abuse
 INITIAL HEARING
(aka Detention Hearing)
Welf. & Inst. Code § 319
 Must be conducted day after petition filed
 Court advises parents & child of rights
 Legal Issues
 Should child remain in protective custody?

 Reasonable efforts to prevent removal?

 Where should the child temporarily reside?

 What visitation pending next hearing?

 Other Issues: ICWA, Paternity, Addresses

INITIAL HEARING
Legal Test For Detention
 Is there a substantial danger to the physical
health of the child, or is the child suffering
severe emotional damage, and no
reasonable means by which the child's
physical or emotional health may be
protected without removing the child from the
parents' or guardians' physical custody?
 Burden of proof = prima facie evidence
What is prima facie evidence?
 Evidence good and sufficient on its
face; such evidence as, in the judgment
of the law, is sufficient to establish a
given fact, or the group or chain of facts
constituting the party’s claim.
INITIAL HEARING
Potential Outcomes
 Child is released to parent(s)
 Child is detained in protective custody
 Matter is set for prima facie hearing
(contested initial hearing) within 3 days
 Matter is set for contested jurisdiction
hearing within 10 days
JURISDICTION HEARING
Welf. & Inst. Code § 345-356
JURISDICTION HEARING
Key Considerations
 Must be conducted within 15 court days of
initial hearing, absent time waiver
 Single legal issue = is the petition true?
 Malinda S. allows court to decide issue based
on social worker’s court report
 Judge must conduct proceeding in “informal
nonadversarial atmosphere” whenever
possible – WIC § 350
 Burden of Proof- Preponderance of the
evidence
JURISDICTION HEARING
 Preponderance of evidence means
evidence which is of greater weight or
more convincing than the evidence
which is offered in opposition to it.
Hearsay in Jurisdiction Report
Hearsay in report is sufficient in and of
itself to sustain petition if:
1. Hearsay is admissible.
2. Source is peace officer, health care
provider, credentialed teacher, licensed social
worker.
3. Source is child under 12 named in petition.
4. Source is made available at hearing.
DISPOSITION HEARING
Welf. & Inst. Code §§ 358 – 362.4
DISPOSITION HEARING
Key Issues
 Must be conducted within 10 court days
 Should child be declared a dependent?
 Should child be removed from home?
 With whom should the child reside?
 Should parents receive reunification services?
If so, what services?
 Has the social worker made reasonable efforts
to prevent or eliminate the need for removal?
 What visitation: Parents? Sibs? Grandparents?
 What is the concurrent plan?
DISPOSITION HEARING:
Test for Removal – §361
 No dependent child shall be taken from the
physical custody of his or her parent or guardian
unless the court finds by clear and convincing
evidence there is a substantial danger to the
physical health, safety, protection, or physical or
emotional well-being of the child or would be if
the child was returned home, and there are no
reasonable means by which the child's physical
health can be protected without removing the
child from the child's parents' physical custody.
DISPOSITION HEARING
 Clear and convincing evidence
generally means that the judge has no
reasonable question in her or his mind
as to the truth of the matters at issue.
 Evidence that is of such a nature so as
to require the assent of every
reasonable mind.
DISPOSITION HEARING:
Potential Outcomes
 Don’t declare dependency and dismiss case
 Sustain the petition, but don’t declare
dependency and order services
 Declare dependency & leave child in home
 Declare dependency, remove child & place
with previously non-custodial parent
 Then dismiss case with custody orders, or
 Order FMS for PNCP
 Order FMS for PNCP and FRS for PCP
DISPOSITION HEARING:
Potential Outcomes
 Declare dependency, remove child &
order family reunification services
 Declare dependency, remove child,
deny services and set § 366.26 hearing
 Declare dependency, remove child, and
appoint legal guardian
Placement Preferences
 Parent or previously noncustodial parent
 Suitable relative or NREFM
 Tribal member
 Siblings together
 Foster home within county
 Foster home outside of county
 Group home or community care facility
 Cannot consider race or ethnicity (MEPA)
RELATIVE PREFERENCE
 The social worker must make a diligent effort
to locate an appropriate relative – FC § 7950
 The social worker must give primary
consideration to placing the child with a
relative – WIC § 281.5
 The social worker must give preferential
consideration to placement with certain
relatives – WIC § 361.3
Placement Outside of U.S.
Social worker may not place outside of U.S.
unless:
1. Required by federal law or treaty

2. Is in best interests of child, considering:

placement w/relative, placement w/siblings,
relationship w/caretaker, needs of child,
desires of child over 12
VISITATION
WIC §§ 361.2, 362.1
 PARENTS: court must order parental
visitation “as frequent as possible, consistent
with the well-being of the child”, unless
detrimental
 SIBLINGS: court must order sibling visitation
unless there is clear & convincing evidence of
detriment
 GRANDPARENTS: court must consider
grandparent visitation
Under What Circumstances May
the Court Deny Reunification
Services to a Parent?
(AKA “Bypass” Case)
WIC § 361.5(b), (e)
Under What Circumstances May
the Court Deny Services?
 Whereabouts  Child conceived as
unknown result of sex offense
 Mental disability  Willful abandonment
 300a or 300d again  Violent felony
 Caused death of conviction
another child  Failure to reunify
 300e case with child’s sibs
 Severe physical or  Prior TPR
sexual harm  Chronic drug abuse
Under What Circumstances May
the Court Deny Services?
 Parent waives
services
 Prior child abduction
 Incarcerated parent
 Registered sex
offender
 “Mere biological
father” (services
discretionary)
SPECIAL CONSIDERATIONS IN
DOMESTIC VIOLENCE CASES
 The address and phone number of the
domestic violence victim are
confidential – do NOT include in court
report or discovery!
 Separate case plans must be prepared
for the victim parent & batterer parent
 Separate visitation arrangements
ON WHAT DATE DOES THE
REUNIFICATION TIME
CLOCK START RUNNING?
“Date Child Entered Foster Care”
 For 6 month case, at disposition.
 12 month case; the reunification time clock
starts running on “the date the child entered
foster care.”
 The “date the child entered foster care” is:
 The date the court found the petition to be

true, OR
 60 days after the date of detention,

 WHICHEVER IS EARLIER.
SIX MONTH REVIEW HEARING
Welf. & Inst. Code §§ 364, 366.21
SIX MONTH REVIEW HEARING
Key Issues

 Must be conducted within 6 months

of disposition hearing.
SIX MONTH REVIEW HEARING
Family Maintenance case
 Review need for continuing
supervision
 Dismiss case

 Continue FMS
 SIX MONTH REVIEW HEARING
Family Reunification case
WIC 366.21(e)
1. Can the child safely return home
 The Court shall return the child home
unless substantial risk of detriment if
returned home.
2. Substantial risk of detriment.
● Failure to participate regularly and make
substantive progress in court-ordered
programs is prima facie evidence of
detriment.
3. SW must make reasonable efforts.
REASONABLE EFFORTS
 The record must show that the social worker
(1) identified the problems leading to the loss
of custody, (2) offered services designed to
remedy those problems, (3) maintained
reasonable contact with the parents during
the course of the service plan, and (4) made
reasonable efforts to assist the parents in
areas where compliance proved difficult." In
re Riva M. (1991) 235 Cal.App.3d 403, 414.
Question: Under What
Circumstances Can the Court Stop
Services at 6 mo?
 ANSWER

 Court sustained 300g petition and parents’

whereabouts still unknown, OR
 Failure to visit & contact child in six months,
OR
 A 388 petition is filed alleging facts which
make reunification unlikely or facts which
would have permitted the court to order no
services under 361.5(b).
 Child Under 3
 Child was under 3 at time of initial removal,
or member of sibling group, and parent fails
to participate regularly and make substantive
progress, the court may schedule a 366.26
hearing.
 Unless the court finds a substantial probability
that the child may be returned home within 6
months or reasonable efforts have not been
provided.
12-Mo. PERMANENCY
HEARING
Welf. & Inst. Code § 366.21
12-Mo. PERMANENCY HEARING
Potential Outcomes
 Family Maintenance case
 Dismiss case

 Continued FMS (but without fed

funding)
12-Mo. PERMANENCY HEARING
Key Issues in FR Cases
 Must be conducted within 12 months of “the date the
child entered foster care”
 Can the child safely return home?
Failure to participate regularly and make substantive progress in
court-ordered programs is prima facie evidence of detriment.
 What have the parents done to reunify?
What has the social worker done to help the parents
reunify?
 Should the parents receive more services?
 If child is 16 years/+ have they received ILP?
12-Mo. PERMANENCY HEARING
Potential Outcomes FR Case
 Return child to parent with FMS
 Continued FRS for 6 months, but:
 Services not to exceed 18 months from date child
originally removed from physical custody of parent.
 Court must find substantial probability child will
safely return home by 18 month date. Show this
by:
 Consistent visits
 Significant progress in resolving problems
 Parent has shown capacity and ability to complete case
plan and safely provide for child.
 12-Mo. PERMANENCY HEARING
Potential Outcomes FR Case
 Terminate FRS and set 366.26 hearing within
120 days.
 Order LTFC/PPLA
 If SW can show by clear and convincing evidence
that it is not in the child’s best to set a 366.36
hearing.
 SW must also show, for any child 10 years/+,
reasonable efforts to maintain relationships with
individuals important to the child. (Other than
siblings.)
18-Mo. PERMANENCY
HEARING
Welf. & Inst. Code § 366.22
18-Mo. PERMANENCY
HEARING
Key Issues
 Must be conducted within 18 months of date
of “protective custody” - not DCEFC
 Can the child safely return home?
 What have the parents done to reunify?
 What has the social worker done to help the
parents reunify?
 Services may be extended to 24 months if
parent recently released from prison or drug
rehabilitation and reunification is likely.
18-Mo. PERMANENCY
HEARING
Potential Outcomes

 Family Reunification case

 Return child to parent with FMS

 Terminate FRS and set 366.26 hearing

 Order Long Term Foster Care/Planned

Permanent Living Arrangement

 If child is 10+ and in LTFC, who are individuals
important to child?
SELECTION AND
IMPLEMENTATION HEARING
Welf. & Inst. Code § 366.26
SELECTION AND
IMPLEMENTATION HEARING
 Must be conducted within 120 days of date
reunification services denied or terminated
 Court must choose one of five outcomes:
 Adoption / Terminate parental rights
 Guardianship
 Long-term foster care / PPLA
 Continue 180 days to identify adoptive home
 Tribal customary adoption
 Two legal issues
 Is the child likely to be adopted?
 Would TPR be detrimental to the child?
Seven Reasons the Court
May Not Terminate
Parental Rights
 1. Parent has maintained regular visitation
and contact & child would benefit from
continuing the relationship, or
 2. Child age 12 or older objects to TPR, or
 3. Child is placed in residential treatment
facility and adoption is unlikely, or
Seven Reasons the Court
May Not Terminate
Parental Rights
 4. Child is placed with foster parent, or Indian
Custodian who is unable to adopt due to
exceptional circumstances & removal from
home would be detrimental to child, or
 5. TPR would cause substantial interference
with a sibling relationship, or
 Seven Reasons the Court
May Not Terminate
Parental Rights
 6. The child is an Indian Child and there is a
compelling reason that terminating parental
rights would be detrimental such as:
 Interference with child’s connection to tribe

 Interference with child’s tribal membership

rights
 Child’s tribe has identified a different

permanent plan, including tribal adoption

Seven Reasons the Court
May Not Terminate
Parental Rights

 7. Child living w/relative who is unable

or unwilling to adopt, but not unwilling to
accept legal or financial responsibility,
can provide permanence and removal
would be detrimental.
 SPECIAL SECTIONS EFFECTING
ADOPTION CASES
Prospective Adoptive Parent
 366.26(n)
 Court may designate the current
caretaker as a prospective adoptive
parent if;
 The child has lived with the caretaker for at
least 6 months;
 Caretaker wants to adopt, and;
 Has taken at least 1 step to adopt.
Reinstate Parental Rights
 366.26(i)
 If no adoption after
at least 3 years
 Adoption no longer
the PP
 Child files 388 pet.
 Juvenile Court can
reinstate parental
rights
POST-PERMANENCY
HEARING
Welf. & Inst. Code § 366.3
POST-PERMANENCY
HEARING
Key Issues
 Must be conducted every six months
until case is dismissed
 What efforts are being made to make or
finalize the permanent plan?
 Has the adoption been finalized?
 Can the case be dismissed?
 Persons Important to the Child
Dismissal for Child
Who Reaches Age 18
 WIC § 391
 Child must be present at hearing unless child
declines or whereabouts unknown
 Social worker must prepare special court report
describing child’s readiness for emancipation
 Child must sign Judicial Council Form JV-365
“Termination of Dependency Jurisdiction (Child
Attaining Age of Majority)” unless the child is
unavailable or refuses to sign the form.
 Non-minor Dependent
Former minor may continue under court jurisdiction if:
1. Completing high school or equivalent.
2. Enrolled in post secondary (college) or vocational
education.
3. Participating in program to remove barriers to
employment.
4. Employed at least 80 hours per month.
5.Unable to meet one of the above criteria due to a
documented medical condition

Live in approved placement. Participation is voluntary.

Parents no longer parties. Review hearings held.
Rights of Foster Parents and
Relative Caregivers
Rights of Foster Parents and
Relative Caregivers
 1. Right to receive written notice of review
hearings - WIC § 366.21(b); Rule 1460(b)
 2. Right to attend review hearings - WIC §
366.21(b)
 3. Right to submit to the court in writing any
information caretaker deems relevant - WIC
§§ 366.21(b), (d), 16010.4; Rule 1460(b)(2)
(B); Form JV-290 Caregiver Information
Rights of Foster Parents and
Relative Caregivers
 4. Right to maintain confidentiality - Health
and Safety Code § 1536; c/f WIC 308
 5. Right to receive a summary of the social
worker’s recommendation for disposition 10
calendar days before the hearing - WIC §
366.21(c). Do not receive full report.
 6. Right to receive preferential consideration
for adoptive placement for freed child – WIC
§ 366.26(k)
Rights of Foster Parents and
Relative Caregivers
 7. Right to hire an attorney to represent
the foster parent in court.
 8. Right to receive a copy of the child's
current health and education summary
– WIC § 16010
 9. Right to receive contact information
for the social worker, child’s attorney
and court – WIC § 16010.4
Rights of Foster Parents and
Relative Caregivers
 10. Right to receive the child's Medi-Cal
identification number or group health
insurance plan number -- WIC § 16010.4
 11. Right to receive any available
documentation or proof of the child's age that
may be required for enrollment in school or
activities that require proof of age.
Rights of Foster Parents and
Relative Caregivers
 12. Right to receive any medications or
treatments in effect for the child at the time of
placement, and instructions for their use --
WIC § 16010.4
 13. Right to receive a plan outlining the child's
needs and services, including information on
family and sibling visitation – WIC § 16010.4
Rights of Foster Parents and
Relative Caregivers
 14. Right to receive a caregiver
placement agreement at the time of
placement -- WIC § 16010.4
De Facto Parent
 "De facto parent" means a person who has
been found by the court to have assumed, on
a day-to-day basis, the role of parent, fulfilling
both the child's physical and psychological
needs for care and affection, and who has
assumed that role for a substantial period.
Cal. Rule of Court 1412, subd. (a)(4)
De Facto Parent
 De facto parents are entitled to be present at
dependency hearings with counsel and to
introduce relevant evidence that may assist the
trial court in rendering a decision.
 Standing to participate as a de facto parent does
not entail all rights and preferences accorded to
parents or guardians.
 De facto parent status does not entitle a
psychological parent to custody of the child, to
visitation with the child, or to any degree of
independent control over the child's destiny
whatsoever. In re Kieshia E.
THAT’S ALL FOLKS