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Name: In re Noe F.
Case #: B238278
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 01/16/2013

Minor cannot be removed from custody of her incarcerated mother who identified suitable caregivers for the minor. Mother was arrested and incarcerated on a gang-related offense. She named several relatives who were able to care for the minor, Noe, while she was incarcerated. The Department filed a petition alleging that mother was incarcerated and unable to make arrangements for Noe’s care. However, it then placed the minor with one of the relatives mother had initially named. On appeal, mother argued that there was insufficient evidence to support the petition. The appellate court agreed and reversed, finding that mother’s incarceration alone was not a basis for jurisdiction. There was no basis to assert jurisdiction over Noe based on mother’s care choices. Further, the court erred in removing Noe and placing her with the father pursuant to section 361.2. The appellate court agreed, finding that since the jurisdiction orders as to mother were reversed, reversal of the custody order was also required.