While a protective disposition is still continuing and a new one has been made for the same juvenile, what must the judge who made the new disposition do?
General information · Not legal advice
Material to check
For this exercise we read the papers recording each protective disposition in the file, the date and the juvenile department that made each one, and any inquiry or correspondence sent from one juvenile department to the other, since the provision turns on the two dispositions overlapping and on the inquiry preceding the cancellation.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as written: once a protective disposition is 'continuing' and a new protective disposition has been made for the juvenile concerned, the juvenile department judge who made the new disposition must inquire of the juvenile department that made the earlier one, and must cancel one of the two dispositions.
Another reading notes what the provision does not say: it leaves open which of the two dispositions is cancelled, saying only 'one' of them, and it names no form, timing or hearing for the inquiry, nor any duty to notify the juvenile or guardian of the cancellation.
Your judgment
On what basis should that judge choose which of the two dispositions to cancel, and what in the file could support that choice?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to set which disposition is cancelled or to require notice, or if a court decision explains how the inquiry between juvenile departments is to be carried out.