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Name: In re B.D.
Case #: B327625
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 06/28/2024

Positive drug tests alone, without additional evidence of risk to the minors, was insufficient evidence to support jurisdictional findings. Mother and infant tested positive for opiates at birth. Mother also tested positive for opiates at her first prenatal visit and at one drug test three months post-partum. The juvenile court found jurisdiction over the minors based on Mother’s positive drug tests and ordered family maintenance services. Mother appealed and the reviewing court reversed. While there may have been sufficient evidence of substance abuse by Mother, the Agency did not meet its burden to show that this abuse made her unable…

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Name: In re A.F.
Case #: A168850
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/07/2024

An alleged father is a “parent” for jurisdiction purposes. Minors were removed due to Father’s substance abuse and perpetration of domestic violence. The jurisdictional allegations as to Father were found true but those against Mother were dismissed. The juvenile court ordered family maintenance services at disposition. Mother appealed and the reviewing court affirmed. Mother contended that an alleged father is not a “parent” within the meaning of section 300, subdivision (b)(1). While an alleged father may not be entitled to the same rights as a presumed father, he is still a parent under section 300 and his abuse of a…

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Name: In re Kieran S.
Case #: B318672
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 04/18/2024

There was sufficient evidence to support the jurisdiction findings where Mother’s substance abuse put the minor at risk of serious physical harm. A petition was filed alleging Minor was at risk due to Mother’s substance abuse. Mother absconded with Minor for two years. When located, Mother admitted drug use and paraphernalia was found in her home. The juvenile court found jurisdiction based on subdivision (b)(1) and the reviewing court affirmed. The California Supreme Court remanded for further review in light of In re N.R. The appellate court affirmed on remand. Here, substantial evidence existed that Mother’s drug use created a substantial…

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Name: In re F.V. (2024) 100 Cal.App.5th 219
Case #: B329192
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 02/08/2024
Subsequent History: Ordered published 4/5/2024

There was insufficient evidence to support the jurisdiction findings where there was no evidence of future risk to the minor at the time of the jurisdiction hearing. Minor traveled to the United States border from Honduras with Father. After an unsuccessful attempt to cross the border, Minor entered the United States unaccompanied and was placed with a maternal uncle. Minor was removed from the maternal uncle after she disclosed to Mother, who was still living in Honduras, that he was sexually abusing her. Mother then contacted other relatives in California who reported the abuse to the proper authorities. In the…

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Name: In re Ca.M. (2024) 100 Cal.App.5th 938
Case #: B326320
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 03/18/2024
Subsequent History: Review denied and depublished 7/17/2024 (S284781)

When there is sufficient evidence to support one basis for a jurisdiction finding against a parent, any challenge to an additional basis for jurisdiction is moot. Minors were removed from their parents due to Father’s alcohol abuse and domestic violence. At the jurisdiction hearing, the juvenile court found true allegations against Mother that she failed to protect Minors from Father, allowed Minors to be in a vehicle while Father drove drunk, and that both parents failed to safely store a firearm in the home. On appeal, Mother challenged the sufficiency of evidence regarding the domestic violence allegations. The reviewing court…

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Name: In re R.M. (2024) 99 Cal.App.5th 240
Case #: B327716
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 01/05/2024
Subsequent History: Ordered published 1/30/2024

There was insufficient evidence to support jurisdiction findings where Agency presented no evidence that parents could not make appropriate custody arrangements following their arrest. The minor was removed when parents were arrested on suspicion of murder. Parents gave the Agency information about relatives who could care for the minor. Nonetheless, the juvenile court sustained section 300, subdivisions (b) and (g) allegations against the parents due to their failure to supervise and unavailability because of their arrest. Mother appealed and the reviewing court reversed. Neither incarceration alone nor the failure to make an advanced plan for a child’s ongoing care and…

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Name: In re N.R. (2023) 15 Cal.5th 520
Case #: S274943
Court: CA Supreme Court
Opinion Date: 12/14/2023

Substance abuse, which is defined as the excessive use of drugs or alcohol, must render a parent unable to provide regular care for a child and place that child at substantial risk of harm in order to support jurisdiction. N.R.’s parents did not live together. When safety concerns arose at Mother’s residence, the Agency assessed Father’s home. Father took a drug test, which came back positive for cocaine, and Father admitted to using cocaine the prior weekend during a birthday celebration. He said that he used every couple of weeks and never when N.R. was in his care. N.R. was…

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Name: In re Gael C. (2023) 96 Cal.App.5th 220
Case #: B317838
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 10/09/2023

Father's appeal of juvenile court's jurisdiction and disposition orders became moot when he failed to appeal the order terminating jurisdiction. The minors were removed from the parents due to domestic violence. The juvenile court found jurisdiction and removed the minors from Father's care, placing them in the custody of Mother. Father appealed this decision. About nine months later, the juvenile court terminated its jurisdiction and issued custody orders. Father did not appeal this order. Division Seven of the Second Appellate District dismissed the appeal, finding that the case was moot based on its own precedent in In re Rashad D.

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Name: In re M.D.
Case #: D081568
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/11/2023

Substantial evidence supported the juvenile court’s jurisdiction and disposition findings where the findings were not based solely on indigence, but also other factors. The eight-year-old minor (Minor) was removed from Father due to his failure to adequately supervise her and to provide her with adequate food and shelter. Father regularly left Minor unsupervised in their apartment without readily available food. The apartment was in an unsanitary condition. Minor was not enrolled in school and was far behind educational milestones. She lacked knowledge of basic hygiene and exhibited food insecurity behaviors. Father denied any wrongdoing and did not engage in predisposition…

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Name: In re S.F.
Case #: A166150
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 05/17/2023

There was insufficient evidence to support jurisdictional and dispositional findings as to Father where there was no evidence that domestic violence or substance abuse was ongoing. The minor was removed from Mother due to her mental health and substance abuse. Father had earlier moved out of state when the minor was three months old, but continued to provide him with financial support. The move was prompted by a domestic violence incident with Mother where both parents were arrested. The minor was not present during the incident. Father reported he had a history of substance abuse but had been sober for…

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