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Name: In re Christopher L.
Case #: B305225
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 11/02/2020
Subsequent History: Review granted 2/17/2021 (S265910)

The court's errors in determining parentage and holding the jurisdiction/disposition hearing without appointing counsel for Father were harmless error. Minor Christopher and his older sister I.L. were detained after Christopher was born testing positive for methamphetamine. The siblings were placed with a maternal aunt who had already adopted two of Mother's other children. Mother was married to Father at the time of Christopher's birth. Father, who was incarcerated, was provided notice of the detention hearing but was not appointed counsel. The jurisdiction/disposition hearing was held in Father's absence and no counsel appeared on his behalf. The court sustained the…

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Name: In re Andrew M.
Case #: B294704
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 03/20/2020

Where juvenile court did not appoint counsel for incarcerated father, reversal was required. Andrew's older brother E.M. was made a dependent in 2017, and placed with father with an order of family maintenance services. Shortly thereafter, Andrew was born. Two months after his birth, both parents were arrested. Father arranged for an aunt to live in his apartment and care for the two minors. He filled out an "affidavit with consent" and asked DCFS to place the children with the aunt or the paternal grandmother. Father was not notified of the detention hearing. His…

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Name: Adoption of I.M.
Case #: B255038
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 12/05/2014

The trial court properly ordered the stepfather's adoption of the minor to proceed in nonconsenting father's absence. Stepfather filed a petition requesting an order freeing the minor, I.M., from her father's custody and control so that he could adopt her. Father was incarcerated and had not had contact with the minor since 2006. Father opposed the motion and filed a motion under Penal Code section 2625 to be transported to the hearing. Father was not present for the hearing but had communicated with opposing counsel regarding his inability to be present and his understanding that the matter had…

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Name: In re Noe F.
Case #: B238278
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 01/16/2013

Minor cannot be removed from custody of her incarcerated mother who identified suitable caregivers for the minor. Mother was arrested and incarcerated on a gang-related offense. She named several relatives who were able to care for the minor, Noe, while she was incarcerated. The Department filed a petition alleging that mother was incarcerated and unable to make arrangements for Noe's care. However, it then placed the minor with one of the relatives mother had initially named. On appeal, mother argued that there was insufficient evidence to support the petition. The appellate court agreed and reversed, finding that mother's incarceration alone…

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Name: In re A.A.
Case #: E053775
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/14/2012

Juvenile court properly denied modification motion where mother was still incarcerated at the time of second dependency proceeding. Minor was removed from mother following mother's incarceration on drug charges, and placed with father. Reunification services to mother were terminated following placement with father. A month later, dependency proceedings were reactivated following father's abuse of the minor. Services were ordered for father, but not mother. Father failed to reunify, and a section 366.26 hearing was set. Mother filed a motion to modify the order denying her services, but it was denied. The juvenile court…

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