Skip to content
Name: In re Ashly F.
Case #: B250742
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 03/28/2014

Where DCFS failed to provide evidence of reasonable efforts to prevent removal of minors, reversal was required for a new disposition hearing. The minors were removed due to physical abuse by their mother. In its report, DCFS concluded that there were no reasonable means to protect the children other than removal, but did not mention any reasonable alternatives to removal which had been attempted or considered. The juvenile court removed the children without discussing its reasons for removal. On appeal, mother contended that there was insufficient evidence to support the juvenile court's removal order. The appellate court agreed and reversed.…

View Full Summary
Name: In re Aiden G.
Case #: B248092
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 10/16/2013

There was insufficient evidence to support a dependency petition where mother was mentally ill, but father was properly caring for minors. A dependency petition alleged the children fell within Welfare and Institutions Code section 300, subdivision (b) based on mother's mental illness. Mother was diagnosed with schizoaffective disorder and suffered from paranoia, mood disturbance, and hallucinations. However, father's ability to safely care for the children was not questioned. Mother's time with the children was always supervised, father moved out of the family home to ensure the children's safety, and he sought a court order limiting mother to supervised visits.…

View Full Summary
Name: In re Patrick S., III
Case #: D063016
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/15/2013

A new dispositional hearing was required where Father was improperly denied custody of minor under section 361.2. When minor was 11 months old, Mother left Father, taking minor with her. Mother did not maintain contact with Father. Father searched for minor, paid child support, and maintained medical coverage for him. When the minor was 13 years old, he was detained in protective custody due to Mother's mental health condition. Father was notified and flew to California from Washington state where he lived with his wife and two young children. The minor was placed in foster care at detention, but…

View Full Summary
Name: In re Nickolas T.
Case #: D063010
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/22/2013

Mother was properly denied placement of minor previously removed from his aunt's custody for abuse, as mother witnessed the abuse yet insisted it had not occurred. Minor was voluntarily placed with the Mississippi Department of Human services in 1997 by his then 14-year-old mother. He was eventually placed with his maternal aunt, Faith. Years later, mother did not try to regain custody of minor and his siblings because he was happy with his Aunt Faith in California. In 2012, the minor was removed from his aunt due to physical abuse. The minor was placed in…

View Full Summary
Name: In re E.T.
Case #: B243407
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/21/2013

The trial court abused its discretion by placing minor with father who was not a presumed father. Alleged father ended his relationship with mother while she was pregnant with the minor, E.T. He had seen E.T. only a few times since she was born, and was not a presumed father. E.T. was removed from mother based on a petition alleging substance abuse, and placed with father on a family maintenance plan. Mother appealed the order, contending that only presumed fathers are entitled to custody, and that father here never achieved that status. Father contended that the issue was moot because…

View Full Summary
Name: In re A.J.
Case #: D062429
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/14/2013

The court properly dismissed jurisdiction after placing minor with a stable biological father in Hawaii. Mother appealed the juvenile court's order terminating jurisdiction after placing the minor with her biological father in Hawaii. Mother argued that the court erred in terminating jurisdiction because father was not yet the presumed father when the court ordered the minor placed with him, so that section 361.2 did not apply. The appellate court found that the argument "exalts form over substance" because the court found the father to be a committed responsible parent capable of providing a stable home for the minor, and…

View Full Summary
Name: In re Hailey T.
Case #: D062807
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/19/2012

Removal of an older child from parents was reversed where there was no evidence she had suffered any harm despite injury to a younger sibling. Parents took infant minor Nathan to the hospital when they noticed an injury to his eye. Neither parent could explain how the injury occurred, but thought that their older child, Hailey, might have injured Nathan. One treating physician concluded that the injuries were accidental, but another found the injuries to be nonaccidental and opined that Hailey could not have inflicted them. The social worker reported that the parents were "good parents" and were actively participating…

View Full Summary
Name: In re R.C.
Case #: B240227
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/30/2012

There was sufficient evidence to support a petition where father engaged in domestic violence such that there was a risk of physical harm to the minors. Father appealed the jurisdiction and disposition orders over his minor children, who were made dependents of the court and removed from the parents due to two incidents of domestic violence between the parents. At least one of the minor children had witnessed father choking mother and asking for a gun so he could shoot her. Father had threatened to kill mother and take the children to Mexico. Father argued on appeal that the Department…

View Full Summary
Name: In re D.G.
Case #: B235755
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 08/30/2012

Where stepfather repeatedly offered minor money to have sex with him but did not actually touch her, the trial court properly found sufficient evidence of sexual abuse in violation of section 300(d). Father repeatedly offered his minor stepdaughter money to perform different sexual acts with him. A Welfare and Institutions Code section 300(d) petition was sustained. On appeal, Father did not dispute that substantial evidence supported the court's conclusion that these incidents occurred, but that as a matter of law, Father's solicitation of sex from the minor did not constitute sexual abuse pursuant to section 300, subdivision (d). The appellate…

View Full Summary
Name: In re R.V., Jr.
Case #: D061391
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/20/2012

Father's abuse of stepdaughter in front of son provided sufficient evidence for jurisdiction over the son. Minor son was declared a dependent based on findings that he was at substantial risk of sexual abuse by the father, who had sexually abused his older half sister in his presence. On appeal, father contended that the evidence was insufficient to support the order because the evidence that he molested a female child was insufficient to show he was likely to sexually abuse his own male child. The appellate court rejected the argument, finding that there was evidence which established…

View Full Summary