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Name: In re N.S.
Case #: D039102
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/28/2002
Subsequent History: None

When a cousin was “nonaccidentally injured”, minor N.S. was removed from her parents’home and her father was ordered not to live at home. At the six-month review hearing, the court allowed the father to return to the home without supervision, but continued its jurisdiction of N.S. The father appealed continued jurisdiction by the juvenile court. The Court of Appeal held that Welfare and Institutions Code section 364, not 366.21, subdivision (e) applied and that there was insufficient evidence under that section because the evidence had not established “by a preponderance of evidence that the conditions still exist [that] would justify initial assumption of jurisdiction . . . or that those conditions are likely to exist if supervision is withdrawn.” The father had complied with all aspects of the case plan and integrated information learned in therapy into his daily life.