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Name: In re F.V. (2024) 100 Cal.App.5th 219
Case #: B329192
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 02/08/2024
Subsequent History: Ordered published 4/5/2024
Summary

There was insufficient evidence to support the jurisdiction findings where there was no evidence of future risk to the minor at the time of the jurisdiction hearing. Minor traveled to the United States border from Honduras with Father. After an unsuccessful attempt to cross the border, Minor entered the United States unaccompanied and was placed with a maternal uncle. Minor was removed from the maternal uncle after she disclosed to Mother, who was still living in Honduras, that he was sexually abusing her. Mother then contacted other relatives in California who reported the abuse to the proper authorities. In the intervening period, Father entered the United States and obtained housing in Texas. The juvenile court found jurisdiction based on subdivision (b)(1), due to the parents sending Minor to the United States without a plan for Minor’s care. Father appealed and the reviewing court reversed. Here, there was no evidence at the time of the jurisdiction hearing that the harm Minor suffered by entering the United States alone would recur. Neither parent was aware that the maternal uncle would sexually abuse the child, and they had taken appropriate protective action as soon as they became aware of the abuse. Father was now in the United States and could care for Minor, and Mother was also able to accept Minor back in her care. Thus, the jurisdiction and subsequent disposition orders must be reversed.