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Name Category Published
Armando L., a Minor
Termination of juvenile court's jurisdiction over child who suffered from behavioral problems due to ADHD overturned where mother was denied evidentiary hearing on custody and jurisdiction issues.
Dependency Jul. 18, 2016
Z.F., a Minor
Where juvenile court is terminating probate guardianship in a dependency proceeding, 'best interests of child' finding need only be made by preponderance of the evidence.
Dependency Jun. 15, 2016
In re K.L.
Order denying Welfare and Institutions Code Section 388 petition affirmed where mother fails to make prima facie showing proposed placement changes in children's best interests.
Dependency Jun. 14, 2016
E.G. a Minor
Penal Code Section 1000 court-ordered treatment constitutes 'prior court-ordered treatment' for purposes of dependency statute allowing juvenile court to bypass reunification services.
Dependency Jun. 12, 2016
Nia A., a Minor
Marin County juvenile court erroneously transferred dependency case to Contra Costa County under 'sensitive case' protocol without considering children's best interest.
Dependency Apr. 28, 2016
In re Mia Z.
Court properly sustains Welfare and Institutions Code Section 300 petition over minors where sufficient evidence supports finding of causation between mother's negligence and daughter's death.
Dependency Apr. 22, 2016
In re A.K.
Disentitlement doctrine bars extremely uncooperative father, who stood 'in an attitude of contempt to legal orders,' from appealing dependency court decision.
Dependency Apr. 6, 2016
In re H.R.
Man's vacillation as to fatherhood status, and conflicting testimony regarding other potential fathers, render court's determination of 'alleged father' status and denial of reunification services appropriate.
Dependency Mar. 28, 2016
N.S., a Minor
Mother's appeal challenging juvenile court's jurisdictional finding is dismissed where appellate court cannot give mother relief beyond what she already obtained: her child's custody.
Dependency Feb. 25, 2016
Donovan L. Jr., a Minor
Juvenile court erroneously finds child has more than two parents under recently enacted Family Code Section 7612(c) by recognizing both biological father and mother's husband as presumed fathers.
Dependency Feb. 16, 2016
Patricia W. v. Superior Court (Del Norte County Dept. of Health and Human Services)
Petitions for extraordinary relief to overturn order terminating reunification services granted where no substantial evidence supports findings that parents were provided adequate reunification services.
Dependency Jan. 29, 2016
B.H., a Minor
Reunification services properly bypassed with respect to father who failed to reunify with child's half-sibling irrespective of his noncustodial parental status with that child.
Dependency Jan. 7, 2016
A.L., a Minor
Error in refusing to hear further testimony on 'active efforts' concerning Indian children does not warrant reversal of termination of parental rights where error was harmless.
Dependency Jan. 5, 2016
Natalie A., a Minor
Jurisdiction over children is proper where father's current drug use resulted in his failure to fulfill major parental obligations such as ensuring adequate supervision for children.
Dependency Dec. 23, 2015
In re D.C.
Biological Indian ancestry not required for ICWA notice requirement to be triggered, where adoptive father claims potential tribe membership.
Dependency Dec. 18, 2015
Imperial County Dept. etc. v. S.S.
Not an error where juvenile court terminates jurisdiction over child who has died, though parents sought jurisdiction to continue until cause of death was officially determined.
Dependency Dec. 14, 2015
K.P., a Minor
Compliance under Indian Children and Welfare Act is unnecessary after tribe disenrolled twins and determined them ineligible for membership.
Dependency Dec. 8, 2015
T.G., a Minor
Juvenile court may bypass reunification services based on prior orders terminating parental rights to older children, irrespective of pending appeals.
Dependency Dec. 4, 2015
Dakota J., a Minor
Juvenile court erroneously removes sons from mother's physical custody when they had not been living with her for several years prior to agency's dependency petition.
Dependency Nov. 25, 2015
In re D.M.
Parent's spanking of children is not categorically "serious physical harm" sufficient to invoke dependency jurisdiction under Section 300 absent consideration whether spankings are reasonable discipline.
Dependency Nov. 25, 2015
In re K.M.
Postjudgment consideration of new ICWA evidence, after trial court issued termination order without properly considering Indian heritage, exceeds court's jurisdiction.
Dependency Nov. 23, 2015
In re A.O.
Where trial court does not advise mother of right to appeal at time of dispositional ruling, untimely filing of appeal may be excused and merits of appeal may be heard.
Dependency Nov. 17, 2015
In re A.O.
Where trial court does not advise mother of right to appeal at time of dispositional ruling, untimely filing of appeal may be excused and merits of appeal may be heard.
Dependency Nov. 16, 2015
In re Kadence P.
Juvenile court must consider Indian ancestry pursuant to Indian Child Welfare Act, although substantial evidence supported jurisdictional finding over infant.
Dependency Nov. 11, 2015
Tyler R., a Minor
Mother's lack of interest in newborn child, coupled with her severe physical handicap, supported juvenile court's jurisdictional finding over child.
Dependency Nov. 4, 2015
In re Aurora P.
Dependent children, as parties opposing termination of dependency jurisdiction, bear burden of proof under Cal. Welfare and Institutions Code Section 364 to support retention of dependency jurisdiction.
Dependency Nov. 2, 2015
D.T. v. Superior Court (San Francisco Human Services Agency)
Mother who continually neglected her five children over the years is not entitled to further reunification services.
Dependency Oct. 30, 2015
In re Emma B.
In a dependency hearing to determine presumed parentage, when court identifies presumed father based on marital status and conduct, issue of biology is not relevant; presumed father is not entitled to a genetic test.
Dependency Sep. 30, 2015
In re D.B.
Where evidence shows that conditions prompting section 300 jurisdiction no longer exist, juvenile court may not qualify termination of its jurisdiction upon child's father acquiescing to restraining order.
Dependency Aug. 27, 2015
In re A.C.
Lack of live expert testimony at pre-termination hearing does not prejudice father, where record provides enough evidence suggesting return of child to father would be harmful.
Dependency Aug. 18, 2015