C.V.C. v. SUPERIOR COURT

Docket No. 13748.

29 Cal.App.3d 909 (1973)

106 Cal. Rptr. 123

C.V.C. et al., Petitioners, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; DEPARTMENT OF SOCIAL WELFARE OF SACRAMENTO COUNTY et al., Real Parties in Interest.

Court of Appeals of California, Third District.

January 11, 1973.


Attorney(s) appearing for the Case

COUNSEL

Frederick W. Stephenson for Petitioners.

Karlton, Blease & Vanderlaan, Lawrence K. Karlton and Charles C. Marson as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

John B. Heinrich, County Counsel, and J. Steven Burris, Deputy County Counsel, for Real Party in Interest.


OPINION

FRIEDMAN, Acting P.J.

This mandate proceeding poses novel questions as to the rights of prospective adoptive parents whose status is terminated by the placement agency's demand for the child's return — whether the due process guarantee of the Fourteenth Amendment entitles the prospective parents to pre-termination notice and hearing; whether judicial review entails a de novo decision supported by the weight of the evidence...

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