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Name: In re A.J.
Case #: D062429
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/14/2013

The court properly dismissed jurisdiction after placing minor with a stable biological father in Hawaii. Mother appealed the juvenile court’s order terminating jurisdiction after placing the minor with her biological father in Hawaii. Mother argued that the court erred in terminating jurisdiction because father was not yet the presumed father when the court ordered the minor placed with him, so that section 361.2 did not apply. The appellate court found that the argument “exalts form over substance” because the court found the father to be a committed responsible parent capable of providing a stable home for the minor, and found no protective issues that would require continued supervision. The juvenile court found by clear and convincing evidence that it was in the minor’s best interest to be placed with her father, and the Department’s evidence supported those findings. Therefore the order terminating jurisdiction was appropriate.