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Name: In re Aurora P.
Case #: A143211
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 10/29/2015
Summary

Minors bear the burden of proof to support retention of dependency jurisdiction where Department has recommended termination of jurisdiction and statutory presumption is for termination of jurisdiction. The five minors were returned to parents on family maintenance after a dependency petition was sustained. At a review hearing, the Department recommended termination of jurisdiction. Counsel for the minors opposed the recommendation. The juvenile court terminated jurisdiction and the minors appealed. The appellate court found the burden of persuasion was on the party seeking court action in his or her favor. Here, the minors, not the Department, were seeking relief because they were asking the court to depart from the statutory presumption in favor of termination of jurisdiction. Therefore, they bore the burden of proof. Since the evidence supported termination, the minors properly did not prevail.