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Name: In re Anthony G.
Case #: B223242
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 04/28/2011
Summary

Reversal of jurisdiction order pursuant to section 300(g) was required where there was insufficient evidence that minor was left without any provision for support. The biological father failed to provide financial support for the minor, and mother was struggling financially. The Department filed a 300(g) petition, alleging that the minor was without provisions for support. However, mother and grandmother supported and cared for the minor and there were no allegations that he was not well cared for. Father appealed, challenging the sufficiency of evidence to support the 300(g) petition. The appellate court agreed and reversed. Although a father’s failure to support may be grounds for jurisdiction, here, the minor was being adequately supported by mother and grandmother. Therefore the finding that he was a child described by section 300, subdivision (g) was not supported by substantial evidence.