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Name: In re Armando L.
Case #: F072715
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/14/2016

Juvenile court's denial of a request for a hearing on the issue of dismissal of dependency jurisdiction was error. In the social worker's report for the 18-month review hearing, it was recommended that custody of the minor be given to Armando's father and dependency jurisdiction dismissed. Mother requested a contested hearing, as she believed that Armando needed continued services and that placement with father and dismissal of supervision was not in Armando's best interests. County counsel argued that mother had no standing to contest dismissal, and the appropriate place to challenge the orders was in family court. The juvenile court…

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Name: In re D.B.
Case #: G051319
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/26/2015

Where juvenile court concluded that conditions prompting jurisdiction no longer existed, it could not qualify termination of jurisdiction on the issuance of a restraining order against father. The minor was taken into custody due to neglect stemming primarily from mother's homelessness. Mother had previously been given custody of the minor due to a domestic violence restraining order against father. At a six-month review hearing, the Department recommended termination of jurisdiction, as mother had a stable residence. The court found that conditions no longer existed which caused the court to assume jurisdiction, but wanted to issue a restraining…

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Name: In re Maya L.
Case #: B254628
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 12/08/2014

At a six-month review hearing, the juvenile court need only determine whether court-supervision is still necessary when placing the child with the non-custodial parent. Maya was declared a dependent child, removed from mother, and placed with her previously noncustodial father. At the six-month review hearing, the trial court terminated jurisdiction and entered a family law order awarding physical and legal custody of Maya to her father. On appeal, mother contended that the trial court applied the wrong legal standard and that the juvenile court was required to establish that returning Maya to her mother's care would create a substantial risk…

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Name: In re J.F.
Case #: B252864
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 07/23/2014

Juvenile court retains discretion to continue jurisdiction even where Department recommends termination of jurisdiction. The juvenile court found jurisdiction over mother's 17-month-old son when mother was still a minor, due to mother's mental condition. The juvenile court continued to maintain jurisdiction. Mother was living with the minor in a group home where his safety and well being were monitored by staff. Mother appealed from an order from the last section 364 hearing at which the juvenile court maintained jurisdiction despite the Department's recommendation that jurisdiction should be terminated. On appeal, mother contended that because the Department recommended termination of…

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Name: In re Mary B.
Case #: D063372
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/30/2013

Father was properly denied placement where there was a showing that he disobeyed court orders, continued to engage in domestic violence, and allowed unauthorized visits with mother. Father obtained custody of the minor following termination of dependency jurisdiction in 2009. Mother was given supervised visitation. Following termination of jurisdiction, Father gave minor back to Mother. In 2011, Father was arrested for the second time for domestic violence against Mother. The Department filed a petition alleging that the parents were residing together and that minor had been exposed to a violent confrontation between them. The petition was found true and the…

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Name: In re E.D.
Case #: C072238
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/09/2013

Minor had to be returned to father where there was no evidence that placement with father would create a substantial risk of detriment to the child. The minor was removed from mother's custody after a substance abuse relapse. The Department recommended return of the minor to his father's care with a plan of family maintenance services. (Father had previous custody of the minor, but following a single domestic violence incident involving father and his girlfriend, mother had regained custody.) The court placed minor in foster care with services to father, but not mother. The court…

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Name: In re Damion B.
Case #: A131039
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 01/11/2012

Disallowing de facto parents to cross-examine witnesses at a review hearing did not violate due process. The de facto parents argued that it was prejudicial error for the juvenile court to deny them an opportunity to call and cross-examine witnesses at the 18-month review hearing where the court followed the Agency's recommendation and returned the minors to their mother. The appellate court rejected the argument and affirmed. De facto parents have standing to participate as parties and may be present at the hearing, present evidence, and be represented by counsel. Here, the de facto parents were not shut out…

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Name: In re A.D.
Case #: G044657
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/28/2011

Failure to notice mother of review hearing was harmless where mother did not show more favorable result would have been likely absent the defect. The mother arrived at the courthouse after the 12-month review hearing, in which counsel had stipulated to termination of services and a permanent plan of long term foster care. The juvenile court refused to vacate its orders and allow mother a hearing. On appeal, mother argued that she was not given proper notice of the hearing and that she had a due process right to a contested hearing. The appellate court rejected…

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Name: Kevin R. v. Superior Court
Case #: D058003
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/10/2010

The juvenile court did not improperly delegate visitation authority to the parole officer when it considered father's parole conditions in making a visitation order. Kevin R. was a registered sex offender who was prohibited contact with children, including his dependent daughter. Kevin obtained a modification of his parole conditions allowing him supervised visitation with his daughter at the department offices. Six weeks later, the court became concerned with Kevin having contact with other children at the department office and the social worker suspended visitation. On appeal, Kevin contended that the juvenile court unlawfully delegated its authority concerning visitation to the…

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Name: V.C. v. Superior Court
Case #: H035602
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 09/15/2010

A request for 6 more months of reunification services was properly denied where the father did not make substantial progress in the prior 18 months and there was no probability that the minor would be returned in an additional 6 months. Father was incarcerated during most of the dependency proceedings, but upon release he became involved in court-ordered programs. He sought writ relief from an order made at the 18-month review hearing terminating reunification services, and setting the matter for a section 366.26 hearing. He contended that the court should have ordered six more months of services since he was…

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