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Name: In re C.V.
Case #: B278331
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 08/31/2017

There was insufficient evidence to support jurisdiction where gang member father was incarcerated and an unloaded shotgun was found in the infant minor’s home. Father did not live with mother and the three-month old minor, but visited the home once or twice a week. Father, a gang member, was arrested after a probation officer found an unloaded rifle and ammunition in mother’s bedroom. The Department filed a section 300(b) petition, which was sustained. The appellate court reversed, finding insufficient evidence to support the petition. Father did not pose a risk to the minor, as he had recently been sentenced to 32 months imprisonment, and mother had been ordered, and had promised, not to allow father in the home after his release. Also, the shotgun was not loaded. The minor was 3 months old, and cannot be said to have had access to the unloaded shotgun. At the time of the jurisdiction, there was no substantial evidence that a three month old minor was at substantial risk of serious harm from an unloaded firearm inside a backpack between the bed and the wall.