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Name: In re A.R.
Case #: H041463
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/09/2015

Insufficient evidence supports a removal order where father left the home and followed restrictions on visitation. The minor A.R. was declared a dependent of the court and ordered to remain in the custody of his parents, who were both ordered to participate in family maintenance services. Three months later, father moved out of the home, and stopped participating in services. The Department filed a request to modify the court order that both parents receive services. A subsequent juvenile court order did so, but also removed the minor from father's custody, and provided supervised visitation. On appeal, father contended that the…

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Name: In re A.E.
Case #: B252573
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 07/09/2014

Removal order was reversed where it was based on a single incident of discipline by father of hitting minor with a belt. The three-year-old minor was removed from parents because father disciplined her by hitting her with a belt. The incident occurred only one time. Father was remorseful and said he disciplined the minor that way because he had been disciplined that way and he thought it was right. He now understood that there were better ways to discipline a child. The juvenile court sustained a petition, and allowed the minor to stay with mother if father moved out and…

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Name: In re J.S.
Case #: E058963
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/19/2014

There was sufficient evidence to support removal order due to ongoing domestic violence between parents. Minors were removed due to admitted incidents of domestic violence over several years. On appeal, the mother argued that it was no longer a concern because she was not living with the father. However, the most recent incident occurred after the parents were already not living together. Father argued that the incidents had not physically affected the minors. The appellate court rejected both arguments. Current law allows removal if there is a substantial danger to the health, safety, protection, or physical or emotional…

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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 Hailey T.
Case #: D062807
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/19/2012

Removal of an older child from parents was reversed where there was no evidence she had suffered any harm despite injury to a younger sibling. Parents took infant minor Nathan to the hospital when they noticed an injury to his eye. Neither parent could explain how the injury occurred, but thought that their older child, Hailey, might have injured Nathan. One treating physician concluded that the injuries were accidental, but another found the injuries to be nonaccidental and opined that Hailey could not have inflicted them. The social worker reported that the parents were "good parents" and were actively participating…

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Name: In re Alexis S.
Case #: B234147
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 04/19/2012

Dispositional order reversed where there was no evidence that father who sexually abused stepdaughter would molest his biological sons. A dependency action was initiated when appellant's 13-year old stepdaughter reported that appellant was touching her inappropriately. A petition was sustained, and appellant's two young sons were removed from his custody. Visitation was ordered to be supervised only. Neither of the sons reported that anyone had touched them inappropriately, and they were unaware of anyone touching their half-sister inappropriately. On appeal, appellant contended that the evidence did not support a conclusion that he posed a…

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