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Name: In re James R.
Case #: D054065
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/30/2009
Summary

Jurisdictional order reversed where there was insufficient evidence to show minors at risk of harm. Parents challenged the sufficiency of evidence to support the court’s jurisdictional findings where mother had mental health issues and had a negative reaction following consumption of eight ibuprofen and some alcohol while caring for the minors. The appellate court reversed the finding. Any causal link between mother’s mental state and future harm to the minors was speculative. Although mother had a history of instability, she had not abused or neglected the minors. The evidence showed they were healthy and well cared for Further, the evidence showed that father was able to protect and supervise the minors.