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Name: In re Roger S.
Case #: B290290
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 12/24/2018
Summary

Juvenile court’s finding that minor was at risk of suffering serious physical harm as a result of mother’s neglectful conduct was not supported by substantial evidence where there was no nexus between the minor’s lack of hygiene and any medical or dental condition. A juvenile dependency petition was filed alleging that the minor was continuously found dirty with a foul body odor of urine and sweat, and repeatedly wore clothes to school which were too small and dirty. The juvenile court sustained the petition, removed the minor from mother, placed him with his father, and terminated jurisdiction. On appeal, mother challenged the sufficiency of the evidence supporting the jurisdiction finding. The appellate court reversed the orders and remanded to family court for a hearing on custody and visitation. Nothing in the record showed that having body odor or wearing dirty clothes placed the minor at substantial risk of physical harm or illness. There was no nexus between the minor’s hygiene and any medical condition. Although respondent referenced mother’s drug use, and the minor’s academic issues, there were no such allegations in the petition. Even if there were, such allegations would not have supported jurisdiction because the evidence in the record does not show a nexus between those circumstances and a substantial risk of physical harm to the minor.