Jurisdiction findings do not constitute prima facie evidence that a child cannot safely remain in the home. Minors were removed due to allegations of physical and emotional abuse. The juvenile court found jurisdiction and removed the minors at the disposition hearing. Mother appealed and the reviewing court affirmed but clarified in its opinion that, with the exception of section 300, subdivision (e), sustained jurisdictional allegations are NOT prima facie evidence that a child should be removed. This interpretation is supported by the plain language of the statute, differing standards of proof at the jurisdiction and disposition hearings, and the fact that a finding regarding the availability of reasonable means to protect the minors without removal is required at the disposition hearing only.
Full opinion: https://www.courts.ca.gov/opinions/documents/E082653.PDF
