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Name: In re B.S.
Case #: B237034
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/12/2012

The juvenile court properly denied placement of minor with father in Texas when Texas authorities recommended against placement and declined to supervise. Minors were detained due to mother’s drug use and physical abuse of the children. Father of the youngest minor, B., requested custody of B. Mother reported that father had sexually abused one of B.’s half-siblings when they lived in Texas, and that mother and father were in a custody battle over B. At father’s request, the court ordered an ICPC be conducted for the possibility of placement of B. with his father in Texas. Texas twice denied the ICPC request due to father’s criminal history and his current status as a sex offender. The court denied placement with father. On appeal, father contended that the juvenile court was not authorized to refuse to return B. to father on the basis of concern that absent an ICPC, the placement would not be supervised by Texas. The appellate court rejected the argument and affirmed. Having learned that Texas authorities recommended against placement with father and refused to supervise a placement there, the juvenile court acted within its discretion by refusing to place the minor where it would have no ability to continue to protect him.