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Name: In re S.P. et al.
Case #: B302636
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 08/06/2020

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 ordered. Parents did not want the minors vaccinated, and had received a medical exemption which did not state the medical reason. The minors' physician recommended vaccinations for both children. At a hearing to determine whether the children should be vaccinated, the doctor who issued the exemption could not state a medical reason for the exemption,…

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Name: In re C.P.
Case #: E072671
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 03/26/2020

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, and uncle all lived with the grandparents. Uncle went to prison for 20 years and mother did not keep contact with the Department. The minor was placed in foster care, and then in a group home. Mother failed to reunify, and the minor's permanent plan was a group home with the goal of identifying a…

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Name: In re Andrew M.
Case #: B294704
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 03/20/2020

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 months after his birth, both parents were arrested. Father arranged for an aunt to live in his apartment and care for the two minors. He filled out an "affidavit with consent" and asked DCFS to place the children with the aunt or the paternal grandmother. Father was not notified of the detention hearing. His…

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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 J.Y.
Case #: C082548
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/26/2018

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 was a member of the Pit River Tribe. The court placed J.Y. separately from his siblings while the social services agency sought an "ICWA-approved home." After services had been terminated, the agency located such a home and sought to place all three children there together. Mother opposed the change in J.Y.'s placement, and appealed from the order that granted…

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Name: In re Kayla W.
Case #: B277567
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 07/26/2017

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 a dependent of the juvenile court due to domestic violence between the guardians. Mother sought to regain custody of Kayla, and obtained an order from the probate court terminating the legal guardianship. At the disposition hearing in the dependency case, mother presented the court with a copy of the probate order terminating the guardianship. The juvenile…

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Name: In re J.P.
Case #: B281438
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 09/26/2017

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 the guardianship, neither mother nor her counsel were present, and the court relieved counsel. Mother visited the minor in his group home and attended all subsequent court hearings without counsel. Mother filed a section 388 petition requesting reappointment of counsel, reunification services, and unmonitored visits. The juvenile court did not appoint counsel for mother. …

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Name: In re D.H.
Case #: E066818
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/22/2017

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 paternal grandparents when the Department filed a dependency petition due to the grandparents' substance abuse and neglect. Grandparents failed to reunify and a 366.26 hearing was set. Father's whereabouts were unknown throughout the proceedings, but he appeared for the 366.26 hearing. The Department recommended termination of the guardianship, and termination of father's parental rights, freeing the…

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Name: In re D.M.
Case #: B260549
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 11/24/2015

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 proved ineffective. The juvenile court sustained a petition, finding that "hitting children with shoes is not a proper form of discipline, and it's physical abuse." Mother argued on appeal that the juvenile court's finding against her was not supported by substantial evidence. The appellate court agreed, reversed the orders, and remanded for a new hearing. Section 300, subdivision (a) expressly…

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Name: In re A.O.
Case #: E062111
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/12/2015

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 insufficient evidence to support them. The Department asserted that mother forfeited these arguments by failing to file a timely notice of appeal after the dispositional order. Mother conceded the appeal was not timely, but asked the court to reach the merits of the case because the juvenile court failed to advise mother of her right to appeal at the conclusion…

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