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Name: In re Christopher M.
Case #: B251097
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 07/16/2014

Father could challenge juvenile court’s jurisdictional finding based on his conduct even where there was no challenge to the findings regarding mother, because findings against father could affect placement of the minor with him. Father was incarcerated at the time the minor was detained due to physical abuse of a sibling by mother. A petition alleged that father failed to provide the minor with the necessities of life. The petition was sustained and the minor removed. On appeal, father contended that there was no substantial evidence to support jurisdiction based on his alleged conduct. The Department argued that the court should decline to address father’s challenge because there was no challenge to the jurisdictional findings based on mother’s conduct. The appellate court rejected the Department’s argument and considered father’s claim, finding that the jurisdictional findings based on father’s conduct could reasonably have consequences to consideration of father for placement under section 361.2, subdivision (a). The court also found that the jurisdictional findings against father were not supported by substantial evidence. By the time of the hearing, father was out of prison and employed, and there was no evidence that he could not make other arrangements for the minor’s care.