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Name: In re Joshua S.
Case #: B156445
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/14/2003
Subsequent History: Petn. to modify denied 4/4/03

After the minors were placed in a guardianship with their maternal grandmother on a Canadian Indian reservation, the juvenile court terminated jurisdiction. On appeal, the minors contended that termination of jurisdiction was an abuse of discretion, because the grandmother’s inability to financially provide for the children constituted a foreseeable harm to their welfare. The appellate court agreed, and reversed the order. Where minors are placed with a relative guardian, the court must retain jurisdiction where the guardian objects to termination, and may retain jurisdiction where exceptional circumstances exist. Here, maternal grandmother was always clear with the Department that she was financially unable to support the children, and there was no evidence at all to the contrary. The juvenile court failed to consider the best interest of the children when it terminated jurisdiction, and therefore abused its discretion.