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Name: In re Ricardo L.
Case #: F041769
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/08/2003

Reversal was required where there was insufficient evidence to support the juvenile court’s jurisdictional finding under section 300, subdivision (j). The issue was not waived by appellant’s submission of the matter on the social worker’s report. Where a parent does not submit on the social worker’s recommendation, but submits on the basis of the report without cross-examining witnesses, he does not waive his right to challenge the sufficiency of the evidence. Here, the only evidence in the report was that jurisdiction had been established over the siblings due to mental health and substance abuse issues. No evidence was submitted to show the factual basis for the jurisdictional findings. Without that evidence, it was impossible to determine whether the minor in question was at risk of suffering the same abuse and neglect. Further, there was no evidence concerning what problems remained after mother received reunification services on the other dependencies. Since reversal was required, the court did not reach the issue of whether proper ICWA notice had been given, but “reminded” the trial court and the Department that this court requires a record of compliance.