Skip to content
Name: Leah B. v. Michael V.
Case #: B301138
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/22/2020

Mother was not permitted to use the civil harassment restraining order process to collaterally attack a dependency and adoption proceeding after her parental rights were terminated. Mother's parental rights were terminated in a dependency proceeding after she refused cancer treatment for the minor and threatened the caregiver and social worker. The adoption order was affirmed by the appellate court. Mother then tried to intervene in the adoption proceedings by requesting a civil harassment restraining order, contending that the confidential caregivers were trying to avoid being involved in a lawsuit and limit mother's access to medical records. The trial court dismissed…

View Full Summary
Name: In re Anna T.
Case #: B299987
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 10/13/2020

Where juvenile court expressly declined to issue exit orders following termination of jurisdiction, its post termination orders regarding healthcare decisions were vacated, and the original family court orders prevailed. A dependency petition was filed, and jurisdiction assumed, after the family court entered a final judgment awarding Todd T. sole legal authority to make healthcare decisions for his daughter, Anna T. When the juvenile court terminated jurisdiction a year later, it expressly declined to issue an exit order under section 362.4 reverting back to the original family law decision. However, the court ordered Anna to continue in treatment with…

View Full Summary
Name: In re Israel T.
Case #: B286821
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 11/21/2018

Jurisdiction order reversed where juvenile court took jurisdiction under section 300, subdivision (b) but struck the words "substantial" risk and "serious" harm, and found at disposition that there was no risk to the children. Father was seen at a suspected drug purchase, which led to a traffic stop, which led to father running from the car to the family's home. Police found a large bag of marijuana in a bedroom closet and a baggie with residual amounts of suspected methamphetamine on the floor. At the jurisdiction hearing, father's adult son said the marijuana belonged to him. The court sustained a…

View Full Summary
Name: In re Cody R.
Case #: D073527
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/17/2018

Parent had no standing to challenge the social worker's actions under the relative placement statutes where there was no showing that she could have reunified. The child was removed from parental custody after he was found severely malnourished to the point of starvation. The juvenile court sustained a dependency petition and bypassed reunification services based on a finding of severe physical abuse. It set a hearing under section 366.26. The court did not advise the parents that they could challenge this order only by way of a writ petition, but mother filed a notice of intent to file such a…

View Full Summary
Name: In re G.B.
Case #: B284833
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 10/18/2018

Juvenile court erred when it established jurisdiction based on a factual and legal theory not alleged in the original petition. Mother, father, and the five-year-old minor G.B. were involved in a family court proceeding. The Department filed a dependency petition on G.B.'s behalf, alleging that the minor had been sexually abused by mother's boyfriend, and that mother had failed to protect her from the abuse. Father was not named as an offending parent in the petition. Subsequently, the juvenile court found the petition not true, but on its own motion, added three allegations against father for emotional abuse…

View Full Summary
Name: In re Molly T.
Case #: E069626
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/24/2018

Mother's conduct of abandoning minor at the hospital and not contacting social workers or appearing at hearings was sufficiently egregious to warrant application of the disentitlement doctrine. At the time mother gave birth to the minor, both she and the minor tested positive for amphetamines. Mother said she could not care for the minor and left the hospital. A juvenile dependency petition was filed which alleged that mother's whereabouts were unknown. The court ordered the minor removed from mother. Mother failed to attend any hearings. At the disposition hearing, the court ordered reunification services over…

View Full Summary
Name: In re Christian K.
Case #: A151695
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 03/21/2018

Juvenile court did not err by ordering overseas trip for minor, even if the minor would have benefited from additional therapy before going. Parental rights to the minor were terminated. Paternal grandparents, who live in Denmark, expressed interest in adopting the minor. The Department recommended weekly therapy for the minor to work on his relationship with his grandmother. The therapy was interrupted because of the foster family's unwillingness to provide transportation. Grandmother scheduled a month-long visit for the minor to visit her in Denmark prior to a permanent move. The juvenile court ordered the…

View Full Summary
Name: In re M.A.
Case #: E067604
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/26/2018

Collateral estoppel barred finding that biological father was a Kelsey S. father where juvenile court had found otherwise five years earlier. The juvenile court found 300(a)(b) and (j) petitions true, and removed M.A. and E.A. from mother. The court ordered the minors placed with Stepfather, who was a nonoffending, noncustodial, presumed father. The juvenile court also found E.A.'s biological father (Bio Father) a Kelsey S. father and ordered the minor to have visits with him. On appeal, mother and Stepfather argued that the court's finding that Bio Father was a Kelsey S. father was barred by…

View Full Summary
Name: In re Hannah D.
Case #: F074143
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/10/2017

Father's failure to challenge order terminating reunification services by way of writ precluded his review of the order on appeal from the subsequent 366.26 hearing, despite court's failure to orally advise him of writ requirement. At a status review hearing regarding the minors, the Department recommended that the court terminate services and schedule a 366.26 hearing. The juvenile court found that father repeatedly failed to show up for drug testing and made no effort regarding his services. It granted the Department's request to terminate services, and set a 366.26 hearing. Father was served with written notice…

View Full Summary
Name: In re N.S.
Case #: A145473
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 02/24/2016

Dismissal of appeal was proper where postappeal the juvenile court ordered dismissal of dependency jurisdiction leaving the appellate court unable to grant effective relief. The infant minor was removed from her parents when they were arrested for cultivating marijuana in the house in which the family was living. Mother immediately moved out of the house, and by the time of the jurisdictional hearing, the house was empty and listed for sale. The juvenile court took jurisdiction of the minor anyway, and mother appealed. While the appeal was pending, the juvenile court awarded mother custody of the minor and dismissed the…

View Full Summary