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Name: In re R.M.
Case #: B210077
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 07/13/2009

Reversal was required where insufficient evidence existed that the mother’s actions caused the minors’ inappropriate conduct. A petition was sustained which alleged that due to “periodic episodes of inadequate supervision” the two minors had engaged in inappropriate sexual conduct with each other. Nothing in the record, however, supported the conclusion that the mother had inadequately supervised the minors or should have been aware of their conduct. Nor did the record disclose how frequently the conduct occurred or how long it continued. On the contrary, when the mother became aware of the conduct, she took steps to prevent it. Therefore, the orders establishing jurisdiction and removing the minors from the mother were reversed, and the minors were ordered returned to her forthwith.