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§4.10
Uncontested Jurisdiction Hearing
[1]
In General
[2]
Findings
[1]
In General
The parent or guardian may admit the allegations in the petition,
plead “no contest,” or submit the determination based on
the social services report and waive further jurisdiction hearing.
[CRC 5.682(e).] You must be satisfied that the party knowingly and
intelligently waives his or her rights and understands the consequences
of the decision not to contest the petition. [See WIC §353; CRC 5.682(a), (c).] You should
require the parent or guardian who is admitting, pleading no contest,
or submitting on the report to complete a waiver of rights form. [See
form JV-190.]
A submission
based on the social services report is not the same as an admission;
you must weigh the evidence before determining jurisdiction, and the
findings may be the subject of an appeal. [In re Tommy E. (1992)
7 CA4th 1234, 1238.]
[2]
Findings
If you sustain the petition on admission, no-contest plea, or submission,
you must find [CRC 5.682(f)]:
- The
parent or guardian knowingly waived the rights to trial on the issues,
to assert any privilege against self-incrimination, to confront
and cross-examine adverse witnesses, and to use the court’s
process to compel attendance of witnesses;
- The
parents or guardians understand the nature of the conduct alleged
in the petition and the potential consequences of their admission,
no-contest plea, or submission;
- The
admission, no-contest plea, or submission was made voluntarily and
freely;
- There
is a factual basis for the admission, no-contest plea, or submission;
- The
admitted allegations of the petition are true as alleged (or as
amended, according to proof);
- The
child is described by one or more subsections of WIC §300 [see list of grounds in Part 2, §4.02];
- Notice
was given as required by law; and
- The
child’s birthdate and county of residence are correct.
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