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Name: In re J.C.
Case #: B255676
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 01/14/2015

Removal of minor was proper where father did not take steps to curb pregnant mother's drug use. The juvenile court sustained a petition over infant J.C. because the minor was born with methamphetamine in his system and mother had a long history of substance abuse. The petition also alleged that father failed to protect J.C. from mother's drug abuse. The court placed the minor in foster care, and ordered reunification services for father. The court declined to place the minor with father based on father and mother's previous history with the Department which included incidents of domestic violence, drug use,…

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Name: In re C.M.
Case #: B255629
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 01/13/2015

Reversal was required where there was insufficient evidence of detriment shown by placing the minor with her previously noncustodial father. Robert M., the noncustodial and nonoffending father of the minor, appealed from the juvenile court's order placing the minor with the maternal grandparents following mother's incarceration. The juvenile court denied father's request for placement with him, citing the fact that the minor had never lived with father and wanted to stay with her grandparents. Father challenged the dispositional order because the detriment finding was not expressly made pursuant to section 361.2, subdivision (a) or under the clear and convincing standard,…

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Name: In re Daniel B.
Case #: B254274
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 10/22/2014

The juvenile court erred when it delegated the responsibility of determining the length of mother's participation in a domestic violence program to the program counselors. Mother appealed from the juvenile court's disposition order, which placed the minor children with her on family maintenance, but ordered her to participate in a domestic violence support group for an open-ended period. Mother contended on appeal that the juvenile court erred by delegating to the program's counselors the authority to determine how long mother would be required to attend the program. The appellate court agreed and reversed the order requiring participation in the support…

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Name: In re A.B.
Case #: A140804
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 10/29/2014

Mother was not entitled to a hearing on issues already litigated when court placed minors with father and ordered a home visit. Minors were removed from mother and placed with their respective fathers pursuant to section 361.2. After a contested disposition hearing, the court upheld its earlier orders, declined mother's request for services, and ordered the Agency to conduct home visits and report back within three months. In an earlier appeal, the appellate court affirmed these orders. The juvenile court subsequently issued orders which again denied her reunification services and terminated jurisdiction to one of the minors. Mother appealed,…

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Name: In re D.H.
Case #: C075278
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/16/2014

The juvenile court erred when it bypassed services where prior removal of minor's half-siblings did not involve the same problems as the current case. Father contended that the juvenile court erred when it denied him reunification services under section 361.5(b)(10) and (11) on the basis that he had not made reasonable efforts to treat the problem which led to the removal of the minors' half-siblings. Father contended that there was no evidence that alcohol or domestic violence led to the removal of the half-siblings, but that he had in fact participated in services designed to address substance abuse issues. The…

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Name: In re D’Anthony D.
Case #: B251066
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 10/03/2014

There is no requirement that a noncustodial parent must be nonoffending to be considered for placement under Section 361.2. Appellant was the previously noncustodial father of the two minors, who were removed from their mother's custody. On appeal, he contended that the juvenile court erred by failing to consider his request for placement under section 361.2. The Department contended that section 361.2 applies to a "nonoffending" parent only, and since the juvenile court had sustained allegations against father, he was not "nonoffending." The appellate court agreed with father that there is no requirement that a noncustodial parent must…

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Name: In re Francisco D.
Case #: B251917
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/29/2014

Removal of minor was proper because adoptive mother's abuse of his sibling created a substantial risk that minor would also be abused. Mother and the adoptive father adopted two siblings, Francisco and Fabiola in 2010. In 2013, Fabiola died. Francisco was detained by DCFS due to concerns about mother's medical neglect of Fabiola. During the subsequent investigation, DCFS found a long history and pattern of emotional, verbal, and physical abuse of Francisco, Fabiola, and other foster children. The juvenile court sustained a petition and removed Francisco. On appeal, mother contended that the disposition order…

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Name: In re A.E.
Case #: B252573
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 07/09/2014

Removal order was reversed where it was based on a single incident of discipline by father of hitting minor with a belt. The three-year-old minor was removed from parents because father disciplined her by hitting her with a belt. The incident occurred only one time. Father was remorseful and said he disciplined the minor that way because he had been disciplined that way and he thought it was right. He now understood that there were better ways to discipline a child. The juvenile court sustained a petition, and allowed the minor to stay with mother if father moved out and…

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Name: In re A.F.
Case #: E058270
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/06/2014

Removal of minors from de facto parents was error where juvenile court failed to properly consider whether removal and a new placement was in their best interests. Appellant was granted de facto parent status of twins who were born premature and were medically fragile. After the twins had been living with appellant and her family for 14 months and were nearly two years old, the Department removed them and placed them with a family who were willing to adopt them. The twins were removed solely because appellant and her husband had once hesitated to adopt the minors, even though they…

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Name: In re Christopher R.
Case #: B250806
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 04/14/2014

Removal of four minors was proper where youngest minor tested positive for cocaine at birth. When the infant minor Brianna tested positive for cocaine at birth, the Department removed Brianna and her three siblings, ages three to seven. Mother denied using drugs during the pregnancy. A section 300(b) petition was filed alleging mother's inability to care for the minors due to substance abuse. Mother conceded dependency jurisdiction over Brianna, but contended that her sporadic drug use did not justify jurisdiction over the other children, because she was not a current substance abuser. The appellate court rejected mother's argument, finding that…

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