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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…

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Name: In re T.W.
Case #: D061960
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/05/2013

The minor was properly removed from mother where mother allowed father who sexually abused a sibling to spend time in the home. The minor T.W. was originally placed with father, Timothy, due to mother's excessive discipline of a sibling in the minor's presence. Two years later, an older sibling disclosed that Timothy had sexually abused her. The Agency filed a subsequent petition, alleging that T.W. was at risk in Timothy's custody because of his sexual abuse of the half-sibling. The court sustained the allegations and placed T.W. with mother. Several months later T.W. was removed from mother…

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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…

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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 B.S.
Case #: B237034
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/12/2012

The juvenile court properly denied placement of minor with father in Texas when Texas authorities recommended against placement and declined to supervise. Minors were detained due to mother's drug use and physical abuse of the children. Father of the youngest minor, B., requested custody of B. Mother reported that father had sexually abused one of B.'s half-siblings when they lived in Texas, and that mother and father were in a custody battle over B. At father's request, the court ordered an ICPC be conducted for the possibility of placement of B. with his father in Texas. Texas twice denied…

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Name: Guardianship of Avery Vaughan
Case #: C066705
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/18/2012

In a guardianship proceeding under Family Code section 3041, the "stable placement" provision is not dependent on a child being abandoned with the nonparent. Minors appealed the denial of a petition by their grandparents for a probate guardianship over them. Family Code section 3041 prohibits a court from granting custody of a minor to a person not the child's parent over the parent's objection without first finding that custody by the parents would be detrimental to the child and that custody to the nonparent is required to serve the child's best interest. Detriment to the child also…

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Name: In re A.S.
Case #: G045896
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/15/2012

Placement decision was supported by substantial evidence and was not an abuse of discretion. The minors, A. and Ad. had been placed in a permanent placement of long term foster care. However, due to the minors' behavioral problems, they had difficulty remaining in a foster home. Although A.'s behaviors had improved, Ad.'s behaviors had resulted in termination of many placements, and the minors were in an emergency shelter home at the time of the review hearing. In a report prepared for the hearing, social workers concluded that it would be best if the children were separated,…

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Name: In re M.L.
Case #: A132667
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 04/20/2012
Subsequent History: Rehrg. denied; opn. modified

Juvenile court did not have power to grant criminal records exemption after Agency denied it. After placing the dependent minor with her grandparents, the Agency discovered that grandfather had a criminal history which made the home ineligible as a placement. The Agency moved the minor and filed a 387 petition. Grandfather sought a criminal history exemption which was denied by the Agency. During the 387 proceeding, the juvenile court reviewed the propriety of the move and the denial of the exemption. After a lengthy proceeding, the court dismissed the 387 petition and ordered the minor…

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