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Name: In re Abram L.
Case #: B245706
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/04/2013
Summary

Reversal was required where juvenile court failed to consider placement with previously noncustodial parent under section 361.2. The minors were removed from their mother and stepfather. Appellant father was the noncustodial parent who was denied custody of the minors. The appellate court reversed that order finding that nothing in the record showed that the juvenile court considered the requirements of section 361.2, which require placement with the previously noncustodial parent unless there is a showing of detriment to the minors. The appellate court also declined to make implied findings, since the statute clearly requires an express finding. In light of the evidence or lack thereof, there was a reasonable probability that the juvenile court would have rejected the Department’s detriment argument had it properly considered the standard set forth in section 361.2. Therefore, the juvenile court’s failure to consider the applicable statute resulted in a miscarriage of justice requiring reversal of the dispositional order.