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Name: In re R.M.
Case #: B327716
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 01/05/2024
Subsequent History: Ordered published 1/30/2024
Summary

There was insufficient evidence to support jurisdiction findings where Agency presented no evidence that parents could not make appropriate custody arrangements following their arrest. The minor was removed when parents were arrested on suspicion of murder. Parents gave the Agency information about relatives who could care for the minor. Nonetheless, the juvenile court sustained section 300, subdivisions (b) and (g) allegations against the parents due to their failure to supervise and unavailability because of their arrest. Mother appealed and the reviewing court reversed. Neither incarceration alone nor the failure to make an advanced plan for a child’s ongoing care and supervision is sufficient grounds for jurisdiction under subdivisions (b)(1) or (g). Here, the Agency presented no evidence that either parent was incapable of making appropriate custody arrangements for the minor.

The full opinion is available on the court’s website here:
https://www.courts.ca.gov/opinions/documents/B327716.PDF