BELTRAN SMITH, LLP ATTORNEYS AT LAW

BELTRAN SMITH, LLP ATTORNEYS AT LAWBELTRAN SMITH, LLP ATTORNEYS AT LAWBELTRAN SMITH, LLP ATTORNEYS AT LAW

BELTRAN SMITH, LLP ATTORNEYS AT LAW

BELTRAN SMITH, LLP ATTORNEYS AT LAWBELTRAN SMITH, LLP ATTORNEYS AT LAWBELTRAN SMITH, LLP ATTORNEYS AT LAW
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Joseph D. MacKenzie

Joseph D. MacKenzie is a Senior Partner with Beltran, Beltran, Smith & MacKenzie, LLP, with more than 34 years of legal experience in family- and child-related matters. As a California Licensed Clinical Social Worker he also provided psychotherapy services to adults for more than 20 years. Mr. MacKenzie practices primarily in the area of family relationships, with special emphasis on Juvenile Court dependency proceedings. He has represented several thousand children, parents, grandparents, legal guardians, prospective adoptive parents, foster parents, non-relative extended family members and caregivers, including judicial officers, various licensed professionals, public figures and others in need of special legal expertise in all phases of dependency litigation and appeals throughout Los Angeles County and in Orange, Ventura, Riverside, San Bernardino and Kings counties. Mr. MacKenzie represented parties in marital dissolution proceedings for many years in Family Court where he currently serves as Minor’s Counsel in high-conflict child custody cases and advocates for Grandparents’ Rights, including visitation for grandparents and their grandchildren. In the Mental Health Courts, he assists families with LPS conservatorships for disabled relatives, and in Probate Court he helps grandparents and other caregivers secure guardianships for children whose parents cannot provide adequate care for them. Mr. MacKenzie is a longstanding advisory board member for Grandparents As Parents and is a past President, former Executive Director and board member for the Juvenile Courts Bar Association. He has organized and presented numerous statewide and local training programs on juvenile law for judicial officers, attorneys, foster family agencies and other organizations throughout his career. His firm is dedicated to providing exceptional legal representation to children and their families and caregivers, and serving the greater community in which we all live.

Licensure

  • California Attorney and Counselor at Law
  • California Licensed Clinical Social Worker

Admissions

  • California Superior Court, Appellate Court and Supreme Court
  • United States District Court, Central District of California
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Appeals for the Armed Forces
  • United States Supreme Court

Education

  • University of Southern California, School of Medicine, Department of Psychiatry and Behavioral Sciences
    • Fellow, Training Program in Patient Care Advocacy in Mental Health, 1981-1982
    • Post-Doctoral Associate; Fellow in Psychiatry and Law, and Clinical Research Scholar, 1977
  • University of Southern California, Gould School of Law, Juris Doctor, 1975
  • University of Southern California, School of Social Work, Master of Social Work, 1975
    • Master’s Thesis: Four Professions Judge Child Abuse
    • Graduate Internships in Psychiatric Social Work
      • Veteran’s Administration Hospital, Methadone Maintenance Treatment Program, Spring 1975
      • Veteran’s Administration Hospital, Adult Psychiatric Inpatient Unit, 1974-1975
      • Child Psychiatry Center, MacLaren Children’s Center, El Monte, 1973-1974
  • Loyola University School of Law, Clinical Law Internships
    • Legal Assistant, Community Legal Assistance Center, Summer, 1973
    • Legal Assistant, Center for Parental and Juvenile Justice, Summer, 1972
  • University of California, Los Angeles, Bachelor of Arts, Economics, cum laude, 1970
  • Cypress Junior College, Associate of Arts, Business Administration, President’s Honor Roll, 1968

Awards and Honors

  • Humanitarian Award, Grandparents As Parents, 2011
  • Outstanding Trial Counsel, Juvenile Courts Bar Association, 2001

Memberships

  • Member, National Association of Counsel for Children
  • Member, California Appellate Defense Counsel
  • Member, Advisory Committee, Grandparents As Parents (GAP), 2000-present
  • Member, Selection Committee for Evid. Code §730 Experts Panel, Los Angeles County Juvenile Courts, 1989-2009
  • Board Member, President (1995), Executive Director (1998-2002), Juvenile Courts Bar Association
  • Member, Omicron Delta Epsilon, International Honor Society for Economics
  • Lifetime Member, 82nd Airborne Division Association, Southern California Chapter

Professional Activities

  • Minors’ Counsel, Los Angeles County Family Court, representation in high-conflict child custody cases, 2006-present
  • Appellate Counsel, California Appellate Project/Los Angeles, Juvenile Court dependency appeals, 1999-present
  • Expert Witness, Minor’s Government Tort Claims, lawsuits for injured dependent children, 1998-2003
  • Judge, Moot Court Honors Board, Sixth Annual National Juvenile Law Competition, Whittier Law School, Center for Children’s Rights, 2001
  • Judge, Moot Court Honors Board, Fifth Annual National Juvenile Law Competition, Whittier Law School, Center for Children’s Rights, 2000
  • Introduction, Honorable Joyce Luther Kennard, Associate Justice, California Supreme Court, Guest Speaker, 16th Annual Juvenile Law and Procedures Seminar, sponsored by Los Angeles County Superior Court and Juvenile Courts Bar Association.
  • Los Angeles County Family Court Attorney Panel, child support and paternity matters, 1995-1998
  • Los Angeles County Juvenile Court Attorney Panel, representation in dependency proceedings, 1986-1996
  • Legal Consultant, Judge Judy television series pilot program, Spelling Productions, 1995
  • Los Angeles County Commission for Children & Families, Children’s Law Firm Task Force, 1994-1995
  • Los Angeles County Mental Health Court, LPS conservatorships and patient habeas corpus writs, 1983-1988
  • Los Angeles County Deputy District Attorney, pro bono publico, felony preliminary hearings, misdemeanor court and jury trials, Los Angeles County Bar Association Trial Attorney Project, 1982
  • Referee, Los Angeles County Superior Court, Mental Health Division; WIC §5150 hearings, 1981-1988
  • Administrator, Forensic Services Programs, Gateways Hospital & Mental Health Center, 1978-1983
  • Administrator, Jewish Committee for Personal Service, Gateways Hospital & Mental Health Center, 1978-1983
  • Legal, Personnel & Patient’s Rights Committee Member, Gateways Hospital & Mental Health Center, 1976-1983
  • Director, Mentally Disordered Offenders Program, Gateways Hospital & Mental Health Center, 1976-1977
  • Program Coordinator, House of Uhuru Drug & Alcohol Treatment Programs, Watts Health Foundation, 1975-1976

Lectures and Presentations

  • Preparation for Appeal and Oral Argument, Legal Analysis, Writing & Skills (LAWS) Program, Southwestern University Law School, 2011
  • Dependency Law for Criminal Defense Counsel: Don’t Lose Your Criminal Case in Dependency Court, presentation to Criminal Courts Bar Association, 2002
  • California Juvenile Court Law for Dependent Children, California State University, Long Beach, Grandparents As Parents Annual Conference, 2000
  • Juvenile Court Law and Foster Care for Dependent Children, Niños Latinos Unidos Foster Family Agency, 2000
  • Legal Issues Impacting Relative Caregivers, Los Angeles County Department of Children & Family Services, Kinship Care Advocacy Conference, Grandma’s House II, Kinship Care Program, 1999
  • Confidentiality in the Dependency Court, California State Senate Select Committee on Juvenile Justice, California State Senator Adam B. Schiff, Chair, 1999
  • Juvenile Law and Children’s Rights, Whittier Law School, Center for Children’s Rights, law class lecture, 1999
  • What is the Law?, Kinship Care: A Conference for Grandparents and Other Relatives Raising Grandchildren, Pasadena Senior Citizens Commission, 1999
  • Grandparents and Grandchildren: Rights and Responsibilities, So. California Council of Elder Law Attorneys, 1999
  • How to Keep Your Family Law Case Out of Juvenile Court, East/West Family Law Council, Claremont Colleges, 1998
  • Stress Reduction for Foster Parents, Los Angeles County Department of Children and Family Services, 1998
  • Crisis Management for Foster Parents, Los Angeles County Department of Children and Family Services, 1998
  • How to Keep Your Family Law Case Out of Juvenile Court, Los Angeles County Civil Courthouse, 1998
  • Juvenile Courts and Mental Health Services, Gateways Hospital & Mental Health Center, Inservice Training, 1997
  • Juvenile Court Dependency Law, Juvenile Court Practices and Procedures for Court Interpreters, California Federation of Interpreters, 1996
  • Computers and the Law Office, 12th Annual Juvenile Law & Procedures Seminar, Juvenile Courts Bar Association and Los Angeles County Superior Court, 1995
  • Juvenile Court Dependency Law Writs and Motions, Juvenile Courts Bar Association, presentation to attorneys, 1992
  • Forensic Mental Health Services in Los Angeles County: Community Treatment Programs for Mentally Disordered Offenders, Mentally Disordered Sex Offenders and Judicially Committed Persons, University of Southern California, School of Medicine, Department of Psychiatry and the Behavioral Sciences, Program in Patient Care Advocacy in Mental Health, Orientation for Community Psychiatry Residents, 1981-1982
  • Treatment of Mentally Disordered Offenders in the Local Community, KRLA Radio, 1981
  • Social Rehabilitation for Mentally Disturbed Penal Code Offenders, Cedars-Sinai Medical Center, Department of Psychiatry, Thalians Community Mental Health Center, Grand Rounds, 1981
  • Patient Care and Legal Issues, Gateways Hospital & Mental Health Center, in-service training, 1981
  • Mentally Disordered Offender Treatment Programs, Hollywood Human Services Project, Mental Health Task Force, 1981
  • Forensic Services Community Treatment Programs, Gateways Hospital & Mental Health Center, 1980
  • New Concepts in Diagnosis and Treatment of Mental Illness, Metropolitan State Hospital Social Work Association, 1979
  • New Approaches to the Psychotherapeutic Relationship, University of Connecticut, Graduate School of Social Work, 1979

Panels

  • Social Welfare and the Law, University of California, Los Angeles, School of Public Affairs, Department of Social Welfare, Graduate Integrative Seminar, 2009
  • Do the Right Thing: Ethical Considerations in the Representation of Children, Los Angeles County Bar Association and National Association of Counsel for Children, 2001
  • Due Process in the Dependency Court, presentation sponsored by Jonathan Reid Family Rights Coalition, moderated by Steven Bradford, Gardena City Councilman, 1999
  • Tort Claims & Probate Proceedings: What To Do When Dependency Kids Get Hurt, Fourth Annual Conference: A New Beginning for Partnerships for Children and Families, 1998
  • Legal Representation in the Juvenile Court, training program for new Juvenile Court Judicial Officers, sponsored by Los Angeles Superior Court, Juvenile Division, 1998
  • Effective Legal and Social Services for Dependency Court Clients, presentation for judicial officers, attorneys and social workers, A New Beginning for Partnerships for Children & Families, 1998
  • Forensic Treatment in Juvenile Court and Family Court, American Psychological Association Symposium, 1998
  • Legal Sufficiencies, University of Southern California, seminar for L.A. County Department of Children’s Services Workers and Supervisors, sponsored by the Inter-University Consortium on Child Welfare, 1995

Published Cases

  • In re Jesus M. (2015) 235 Cal.App.4th 104; appellate counsel for father; Court of Appeal reversed; Father's violation of a family law restraining order that placed the children at risk of emotional injury could not support jurisdiction under Welf. & Inst. Code §300(b), which requires proof of physical harm, or substantial risk of such harm.
  • In re A.L., et al. (2014) 24 Cal.App.4th 354 (L.A. Times, Respondent); appellate counsel for child; Court of Appeal reversed; blanket order issued by juvenile court presiding judge that allowed all press members access to confidential dependency proceedings-absent an objection and demonstrated proof of likely harm to the child-interferes with Welf. & Inst. Code §346 which vests trial court with discretion to grant or deny access on a case-by-case basis.
  • In re M.C. (2011) 195 Cal.App.4th 197; appellate counsel for presumed mother; Court of Appeal reversed and remanded to trial court for further proceedings; amici curiae brief for partial depublication, filed by National Center for Lesbian Rights and Children’s Advocacy Institute at the University of San Diego School of Law.
  • In re D.R. (2011) 193 Cal.App.4th 1494, appellate counsel for father; Court of Appeal affirmed trial court’s orders.
  • In re R.N. (2009) 178 Cal.App.4th 557; appellate counsel for father; trial court’s denial of father’s rights reversed by Court of Appeal.
  • In re Clay W. (1999) 74 Cal.App.4th 1342; trial counsel for mother who won reversal on appeal; depublished by Court of Appeal 11/23/99 at request of county counsel.
  • In re Kobe A. (2007) 146 Cal.App.4th 1113; appellate counsel for father; Court of Appeal found lack of notice was harmless error and affirmed trial court’s orders.
  • In re Patricia T. (2001) 91 Cal.App.4th 400; appellate counsel for mother; Court of Appeal affirmed trial court’s notice to parent and denial of family reunification services.
  • Amarawansa v. Superior Court (1996) 49 Cal.App.4th 1251; co-appellant in writ petition to challenge imposition of flat-fee compensation for legal representation of parties in juvenile court dependency proceedings; Court of Appeal denied writ petition.
  • In re Aisha B. (1988) 206 Cal.App.3d 1030; trial counsel for biological father with out-of-state custody order; Court of Appeal remanded case for trial court to determine proper jurisdiction for child.

Publications

  • Author, A Guide to Juvenile Court Dependency Cases (Child Abuse, Neglect, or Abandonment) in California, brochure explaining Juvenile Court procedures and legal rights of parties in dependency proceedings, 1997-present
  • Author, The Burden of Proof, article for syllabus, 13th Annual Juvenile Law and Procedures Seminar, 1996
  • Author, A Brief History of Electrons, Communications and Lawyers, article for syllabus, 12th Annual Juvenile Law and Procedures Seminar, sponsored by Juvenile Courts Bar Association and Los Angeles County Superior Court, 1995
  • Author,Computers and the Law Office: Cybersurfing with Your Motherboard, article for syllabus, 12th Annual Juvenile Law and Procedures Seminar, Juvenile Courts Bar Association and Los Angeles County Superior Court, 1995
  • Author, A Guide to Internet Tools, article for syllabus, 12th Annual Juvenile Law and Procedures Seminar, sponsored by Juvenile Courts Bar Association and Los Angeles County Superior Court, 1995
  • Author, Selected Writings, in Writing for Your Life: A Guide and Companion to the Inner Worlds, by Deena Metzger, published by Harper San Francisco, 1992
  • Author, Decision-Making Protocols Regarding Requests for Court Approval of Physician’s “Do Not Resuscitate (DNR) Orders” for Minors Receiving Life-Sustaining Medical Treatment in Juvenile Court Dependency Cases, protocol proposal presented to Los Angeles County Juvenile Court Administration, 1990
  • Photographer, Experiments in Art & Technology at USC, published in Technological Studies Review, California State College, Fullerton, Spring 1970
  • Author, Historical Concepts of Alienation, article published in Technological Studies Review, California State College, Fullerton, Fall 1969

Military Service

  • Reserve Officers’ Training Corps, Norwich University, 1959-1960
  • Vermont Army National Guard, 1961-1962
  • United States Army, 82nd Airborne Division, 1962-1964
  • United States Army, Army Security Agency, Japan, 1964-1966
  • Top Secret Security Clearance
  • United States Army, Vietnam, 1966-1967
  • United States Army, Special Warfare School, Psychological Operations Diploma, 1967

Community Service

  • Magician, presentation at benefit for Free Arts for Abused Children and the Center for Victims of Sexual Abuse, Ensenada, Mexico, performed at Edmund D. Edelman Children’s Court, Monterey Park, 1996
  • Volunteer Psychotherapist, Los Angeles Gestalt Therapy Institute Clinic, 1980-1981
  • Volunteer Supervisor, Los Angeles Free Clinic, 1977-1979
  • Volunteer Counselor, Los Angeles Free Clinic, 1975-1977