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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 Jayden M.
Case #: C075336
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/01/2014

Parents did not have standing to raise relative placement issue after services were terminated, and where minor was removed from relatives prior to the 366.26 hearing. The minor was originally placed with his paternal aunt and uncle following removal from his parents. Although the initial permanent plan was adoption by the paternal aunt and uncle, the Department developed some concerns about the uncle and recommended placement with another family. The minor was removed from the aunt and uncle prior to the 366.26 hearing. The juvenile court selected a permanent plan of adoption. On appeal, the parents contended that the court…

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Name: In re Jonathan P.
Case #: B249605
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 06/10/2014

Father had right to reunification services even though the minor had left his placement and was missing at the time of the hearing. Father had previously been granted full custody of the minor, Jonathan, but during a visit by Jonathan with his mother, father was deported, and Jonathan remained in mother's custody. In 2012, Jonathan and his siblings were detained due to domestic violence in mother's home. A petition was sustained and the minors were removed. The Department had been unable to find father to serve him, and the court ordered no reunification services for him. The minor left his…

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Name: In re Autumn K.
Case #: A136586
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 11/20/2013

Reversal was required where Department failed to consider grandfather's criminal conviction exemption request in order to take custody of Indian minor. Parents' rights were terminated and minor Autumn was freed for adoption. Because Autumn had Indian heritage, the dependency proceedings fell within the provisions of the Indian Child Welfare Act (ICWA). ICWA obligated the court to place Autumn with a member of her family, a member of her tribe, or with another Indian family. The maternal grandmother's home, where Autumn's six siblings lived, was one of two ICWA-compliant and potentially viable placement options. However, grandmother lived with grandfather, who had…

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Name: In re Abram L.
Case #: B245706
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/04/2013

Reversal was required where juvenile court failed to consider placement with previously noncustodial parent under section 361.2. The minors were removed from their mother and stepfather. Appellant father was the noncustodial parent who was denied custody of the minors. The appellate court reversed that order finding that nothing in the record showed that the juvenile court considered the requirements of section 361.2, which require placement with the previously noncustodial parent unless there is a showing of detriment to the minors. The appellate court also declined to make implied findings, since the statute clearly requires an express finding. In light…

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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 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…

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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…

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Name: In re H.K.
Case #: B242800
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 07/18/2013

The juvenile court properly denied placement of minor with half-sibling who had a manslaughter conviction. The juvenile court sustained a dependency petition and removed the minor from her father. Father's reunification services were eventually terminated, and the minor sought to be placed with an adult half-sibling who lived in Arizona. The juvenile court denied the request because the sibling had a 1995 conviction for voluntary manslaughter, and California law prohibits placement of a child in the home of any person who previously has been convicted of violent offenses including murder and voluntary manslaughter. On appeal, minor…

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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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