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Name: In re Alexandria M.
Case #: D050407
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/16/2007

The juvenile court erred when it refused to accept a settlement agreement where the necessity of continued supervision of the minors was not shown. Father appealed the order terminating jurisdiction concerning his three children, setting a custody schedule between him and the mother, and suspending child support permanently. He contended that the trial court exceeded its authority by rejecting the parents’ settlement agreement because there was no evidence that continued dependency supervision was necessary. The appellate court agreed, and remanded the matter to family court. The juvenile court abused its discretion by not accepting the settlement agreement and terminating jurisdiction. There was no showing of continued risk to the children. Termination of jurisdiction was required unless the Agency established that conditions remained which would justify the court taking jurisdiction, and there was no such showing here.