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Name: In re V.L. et al
Case #: B304209
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 09/01/2020

Substantial evidence supported removal of the minors under the standard articulated in Conservatorship of O.B., and failure to state reasons for removal was harmless error. Father appealed from the disposition orders removing the two minors from his custody. On appeal, he argued that the record was insufficient to support removal of the minors by clear and convincing evidence. He also argued that the juvenile court's failure to state the reasons for its decision to remove the minors requires reversal. The appellate court rejected the arguments and affirmed the orders. The court held that the standard…

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Name: In re G.C. et al.
Case #: E072514
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/24/2000

There was sufficient evidence to support removal of the minors where parents had a four-year history in another state with the same issues giving rise to the current removal. The minors were initially removed from parents based on an allegation of neglect, due to mother's mental health issues and the condition of the home. Subsequently, the Department discovered that parents had a history of involvement with child protective services in North Carolina from 2013 to 2017. The concerns in the North Carolina case were the same as the current concerns. A petition was sustained, and the…

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Name: In re S.R.
Case #: B300214
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 03/30/2020

Where father was convicted of possession of child pornography, there was sufficient evidence to support removal of his 10-year-old daughter from the home. The Department detained the ten-year-old minor based on father's possession of child pornography in the home. The images possessed were of young females around S.R.'s age engaged in sex acts, and one image depicted a father and prepubescent daughter engaged in sexual relations. Father sustained a felony conviction during the dependency proceedings. Subsequently, a petition was sustained and S.R. was removed. On appeal, father challenged the disposition order, arguing that mere possession…

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Name: In re L.M.
Case #: D075120
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/12/2019

The juvenile used the proper standard when it found that it would be in the best interest of a 10-month-old child to remove her from her de facto parents and place her with her sister's adoptive parents. Four years prior to the minor's birth, her older half-sibling had been placed with Mr. and Mrs. E., and subsequently adopted by them. When the minor was born testing positive for methamphetamine, the E.'s told the Agency they wanted her placed with her half-sibling in their home. Because the E.'s had recently moved to Florida, it took some time for them…

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Name: In re D.D.
Case #: C086808
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/20/2019

Sufficient evidence supported removing minors from mother on a 387 petition where mother continued inappropriate physical discipline with the minors and refused to allow the Department access to them. A dependency proceeding was initiated concerning the four minors in 2016 based on physical abuse and excessive discipline by mother. The juvenile court removed the minors and ordered reunification services. The children were eventually returned to mother in 2017, though they remained dependents. Shortly thereafter, there were two more emergency referrals for excessive discipline. Mother refused to allow the emergency response social worker to enter the home.…

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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…

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Name: In re Julien H.
Case #: B267953
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 10/04/2016

The court's reliance on section 361, subdivision (c) to remove the minor from a noncustodial parent was harmless error. The minor, Julien, lived with his mother and had weekend visits with father. The parents were neither married nor lived together. Following an anonymous report concerning mother, DCFS went to her home. Mother denied the allegations in the report but told the social worker that father abused drugs and alcohol and had mental health issues. DCFS advised mother to go to family court and modify the visitation order to allow only monitored visits for father. Mother failed…

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Name: In re F.S.
Case #: B260760
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 01/07/2016

Juvenile court did not err by holding hearing on 387 petition in mother's absence. Following an incident of domestic violence between mother and father, the juvenile court sustained a dependency petition. After the disposition hearing, the parents were involved in another altercation. Mother was arrested as the aggressor. Subsequently, mother took the minor to Texas in violation of court orders and without notifying the social worker. A 387 petition was filed and sustained in mother's absence. The minor was ordered removed from mother's custody. On appeal, father challenged the removal order, arguing that the court should not have held…

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Name: In re Dakota J.
Case #: B264460
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 11/23/2015

Juvenile court erred by removing minors from mother where minors were not living with mother for several years prior to the dependency petition. Mother had three children: Dakota, Joseph, and Faith. Dakota and Joseph had been living with a relative for six or seven years, and mother saw them only a few hours each week. Faith lived with mother, and became the subject of a dependency action. The juvenile court sustained a petition and removed all three minors from mother. The appellate court reversed the portion of the court's dispositional order removing Dakota and Joseph from mother's custody. A juvenile…

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Name: In re F.A.
Case #: G051494
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/13/2015

The juvenile court did not err by granting second foster parents 388 petition even though minor was erroneously removed from first foster parents. When the minor was born exposed to methamphetamine, the court placed her with the S. foster parents, who hoped to adopt her. When the minor was seven weeks old, the Department erroneously removed her from the S's care and placed her with the M's, who also hoped to adopt her. When the Department discovered its mistake, it decided to re-place the minor with the S's. The M's filed a grievance, which resulted in the minor staying in…

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