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Name Category Published
V. M., a minor
Court errs in asserting jurisdiction over minor even after dependency hearing struck out all allegations of father’s alleged abuse.
Juveniles Jan. 24, 2011
T.C., a Minor
Separate counsel for siblings is not necessary where one sibling’s interest in adoption as permanent plan does not adversely affect other’s interest in guardianship.
Juveniles Jan. 21, 2011
Brittany C., a Minor
Court properly suspends visitation and counseling to consider recommendation of therapist and desires of children who expressed fear of their parents.
Juveniles Jan. 21, 2011
Jose T., a Minor
Juvenile court erroneously imposes previously suspended Division of Juvenile Justice commitment without considering current circumstances.
Juveniles Jan. 18, 2011
Sean A., a Minor
Administrative search of student pursuant to school’s written policy is not unconstitutional under Fourth Amendment.
Juveniles Dec. 22, 2010
V.M., a Minor
Court errs in asserting jurisdiction over minor even after dependency hearing struck out all allegations of father’s alleged abuse.
Juveniles Dec. 22, 2010
Grace C., a Minor
Disagreement between legal guardian and mother regarding visitation details due to both parties’ conflicts does not constitute ‘exceptional circumstance’ warranting continuing dependency jurisdiction.
Juveniles Dec. 20, 2010
J.L., a Minor
Juvenile is entitled to jury trial before lifetime residency restrictions, which are punitive in nature, can be imposed.
Juveniles Dec. 19, 2010
Allison J., a Minor
Termination of parental reunification services is reasonably related to government’s interest in promoting child’s welfare and reducing cost and burden to state.
Juveniles Dec. 13, 2010
T.H., a Minor
Order authorizing noncustodial parent to have visitation ‘to be determined by parents’ is improper as effectively delegating visitation determination to custodial parent.
Juveniles Dec. 13, 2010
X.S., a Minor
Court’s finding against parent is improper where no evidence of harm exists due to father’s reluctance to provide for child until paternity determination.
Juveniles Dec. 13, 2010
A.Z., a Minor
Father’s appeal challenging termination of his parental rights is properly dismissed following his death to allow child's adoption.
Juveniles Dec. 13, 2010
C.B., a Minor
Court may not base finding of parent-child relationship exception on unenforceable expectation of future contact between biological mother and children.
Juveniles Dec. 12, 2010
B.F., a Minor
Juvenile court errs in disclosing mother's psychological evaluation without petitioner de facto parents' showing of good cause.
Juveniles Dec. 6, 2010
E.R., a Minor
Conspiracy to commit murder conviction does not compel finding of first-degree, rather than second-degree, murder where murder occured under circumstances not contemplated.
Juveniles Nov. 18, 2010
C.B., a Minor
Court may not base finding of parent-child relationship exception on unenforceable expectation of future contact between biological mother and children.
Juveniles Nov. 18, 2010
A.L., a Minor
Reinstatement of mother’s parental rights has same effect on father’s rights where it was in minors’ best interests that father’s rights be reinstated.
Juveniles Nov. 17, 2010
Pedro Z., a Minor
Father is not entitled to reunification services for child returned to mother, unless child was placed in foster care or custody of former non-custodial parent.
Juveniles Nov. 16, 2010
Bailey J., a Minor
Sibling relationship exception to adoption does not apply where there is no compelling reason to conclude that adoption would be detrimental to child.
Juveniles Nov. 9, 2010
Precious D., a Minor
Juvenile court errs in asserting jurisdiction based on child’s incorrigible behaviors absent finding child suffered harm as result of parent’s inability to supervise.
Juveniles Nov. 8, 2010
E.R., a Minor
Conspiracy to commit murder conviction does not compel finding of first-degree, rather than second-degree, murder where murder occured under circumstances not contemplated.
Juveniles Oct. 21, 2010
N.V., a Minor
Court’s postponement of unsuitability decision is harmless error where children could not be placed in new home that had not been inspected.
Juveniles Oct. 10, 2010
J.G., a Minor
Probable cause for arrest exists where officers witnessed defendants running, seemingly after someone, with objects that could be used as deadly weapons.
Juveniles Oct. 6, 2010
L.Z. v. Superior Court (Contra Costa County Children and Family Services Bureau)
Juvenile court errs in denying reunification services to parent who did not know or had no reason to know her baby’s injuries were caused by physical abuse.
Juveniles Oct. 3, 2010
Shaun R., a Minor
Order provisions stating that prior orders remain in effect do not impose or reinstate previous order to make it appealable.
Juveniles Sep. 29, 2010
E.O., a Minor
Probation condition preventing minor from entering, or being near, courthouse during certain proceedings is unconstitutionally overbroad.
Juveniles Sep. 29, 2010
D.C., a Minor
Warrantless search of minor child’s bedroom is valid where parent consented, despite minor’s objection.
Juveniles Sep. 27, 2010
Ethan C., a Minor
Welfare and Institutions Code Section 300 does not require finding of criminal negligence to sustain allegation of child abuse or neglect.
Juveniles Sep. 27, 2010
T.G., a Minor
Although father may appeal finding at six-month review that reasonable reunification services were provided, court holds that such services were sufficient.
Juveniles Sep. 21, 2010
V.C. v. Superior Court, (Santa Clara County Dept. of Family and Children's Services)
Juvenile court may deny parent’s request to extend reunification services when there was substantive evidence that parent has not made progress in prior 18-months.
Juveniles Sep. 16, 2010