Q: Recently I heard a co-worker state that a dependency attorney can waive the child having to appear in court for their hearing. I thought if a child over 10 wanted to attend their court hearing, the attorney could not waive their appearance.
Please let me know if the attorney can waive the child’s appearance, especially when the child knows they have the right to be at their court hearing and they want to attend.
A: All minors and nonminors in foster care have the right to attend their court hearing and speak to the judge. The important right is included in the foster care bill of rights. To waiver their appearance in court, an attorney must secure their consent prior to the court hearing.
If a child is age 10 or older and does not attend their court hearing, the court is required to determine whether the minor or nonminor was properly notified of his or her right to attend the hearing and inquire whether the minor was given an opportunity to attend. If the court finds that was not the case, the court hearing is continued for the period of time, “necessary to provide notice and secure the presence of the child.”
Source: WIC 16001.9. & WIC 349(d)