Rights of Parents Archives

Categories: Dependency (300), Misc, Rights of Parents

Summary

The juvenile court has the authority to order vaccinations for dependent children under its jurisdiction. The minors were made dependents of the court due to their parents' substance abuse and mental illness. The minors were removed, and reunification services were…

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Name: In re Andrew M.

Case #: B294704

Opinion Date: 03/20/2020

Categories: Constitutional Challenges, Dependency (300), Incarcerated Parents, Rights of Parents

Summary

Where juvenile court did not appoint counsel for incarcerated father, reversal was required. Andrew's older brother E.M. was made a dependent in 2017, and placed with father with an order of family maintenance services. Shortly thereafter, Andrew was born. Two…

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Name: In re C.P.

Case #: E072671

Opinion Date: 03/26/2020

Categories: Dependency (300), Misc, Permanent Plans, Placement Issues, Rights of Parents

Summary

A statutory bar to placement based on a 28-year-old misdemeanor conviction was unconstitutional as applied. The minor was removed from mother in 2017 after he was sexually abused by a maternal uncle. At the time of removal, mother, the minor,…

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Name: In re L.M.

Case #: D075120

Opinion Date: 09/12/2019

Categories: Dependency (300), Placement Issues, Removal Orders, Rights of Parents

Summary

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…

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Name: In re J.Y.

Case #: C082548

Opinion Date: 12/26/2018

Categories: 366.26 termination hrg., Appealable Orders, Dependency (300), ICWA, Misc, Placement Issues, Rights of Parents, Standing

Summary

A parent lacked standing after termination of reunification services to contest a change in a minor's placement to a tribe-approved home. The juvenile court removed three minors from mother's custody based on her mental illness and substance abuse. Their father…

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Name: In re Kayla W.

Case #: B277567

Opinion Date: 07/26/2017

Categories: Dependency (300), Rights of Parents

Summary

Juvenile court erred by denying mother standing to participate in dependency hearing regarding minor in probate guardianship. Parents voluntarily petitioned the probate court for a guardianship of the minor Kayla with the maternal grandmother and her husband. Subsequently, Kayla became…

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Name: In re J.P.

Case #: B281438

Opinion Date: 09/26/2017

Categories: 388 Modification Petn., Constitutional Challenges, Dependency (300), Rights of Parents

Summary

Reversal was required where the court failed to appoint counsel for mother before a hearing on her 388 petition. The minor resided in a group home after his legal guardianship was terminated. At the hearing to remove the minor from…

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Name: In re D.H.

Case #: E066818

Opinion Date: 08/22/2017

Categories: Dependency (300), Rights of Parents, Termination w/Other Codes

Summary

Juvenile court must make a finding of unfitness or detriment before terminating father's rights to minor who was in a probate guardianship with grandparents at the time of the dependency action. The minor was in a probate guardianship with his…

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Name: In re D.M.

Case #: B260549

Opinion Date: 11/24/2015

Categories: Dependency (300), Jurisdictional Hearings, Rights of Parents

Summary

Mother's spanking of children was not necessarily "serious physical harm" sufficient for dependency jurisdiction absent consideration of other factors concerning reasonable discipline. Mother admitted using her hand or a sandal to occasionally spank her two children when lesser disciplinary measures…

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Name: In re A.O.

Case #: E062111

Opinion Date: 11/12/2015

Categories: Dependency (300), Rights of Parents, Writ versus Appeal

Summary

Where trial court did not advise mother of her right to appeal following the disposition hearing, appellate court reached merits of mother's arguments despite untimely appeal. Mother appealed the jurisdictional and dispositional findings concerning the minor, arguing that there was…

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