Justia Juvenile Law Opinion Summaries

A juvenile court in a dependency proceeding granted a restraining order requested by a mother, K.B., against her 17-year-old dependent child, D.B. The Santa Clara County Department of Family and Children’s Services had received multiple referrals over the years concerning D.B.'s well-being due to alleged abuse and neglect by the mother. D.B. had a history of physical altercations with her mother and was placed in protective custody after her mother refused to allow her back home following an arrest for assault.The Santa Clara County Superior Court assumed jurisdiction over D.B. and declared her a dependent child. The court adopted a case plan that included supervised visitation with the mother. However, D.B. struggled in her placement and exhibited behavioral issues. The mother later requested termination of reunification services, which the court granted with D.B.'s agreement.Subsequently, the mother filed for a restraining order against D.B., citing threats and harassment. The court issued a temporary restraining order and later a one-year restraining order after a hearing. The court found that section 213.5 of the Welfare and Institutions Code authorized it to issue restraining orders against a dependent child and determined that it was in D.B.'s best interest to do so.The California Court of Appeal, Sixth Appellate District, reviewed the case and affirmed the juvenile court's decision. The appellate court held that section 213.5, subdivision (a), grants the juvenile dependency court authority to issue restraining orders against a dependent child, provided the child's best interest is considered. The court found substantial evidence supporting the restraining order and concluded that it did not violate D.B.'s constitutional rights, as reunification services had already been terminated with D.B.'s consent. View "In re D.B." on Justia Law

Respondent, the mother of a two-year-old child named Layla, has a history of alcohol and illegal drug abuse. Both respondent and Layla tested positive for methamphetamine and THC at Layla's birth. Respondent admitted to using marijuana and unprescribed Valium on the same day she gave birth to her twin children. Layla lived with respondent and respondent's girlfriend, in a home that respondent claimed was infested with rats. A social worker from Swain County Department of Social Services (DSS) observed respondent behaving erratically and under the influence of drugs. Despite signing a safety plan that prohibited unsupervised contact with Layla, respondent violated the plan within days.The District Court of Swain County adjudicated Layla as a neglected juvenile based on respondent's continued drug abuse, erratic behavior, and failure to follow the safety plan. The court's findings included respondent's drug use, the unsafe living conditions, and the violation of the safety plan. Respondent appealed the adjudication order to the Court of Appeals.The Court of Appeals vacated and remanded the trial court's order, stating that the trial court's findings lacked specific factual details about how respondent's actions impaired or risked impairing Layla's welfare. The appellate court required additional findings to support the conclusion of neglect.The Supreme Court of North Carolina reviewed the case and reversed the decision of the Court of Appeals. The Supreme Court held that the trial court's findings were sufficient to support the conclusion of neglect. The court emphasized that while specific written findings of a substantial risk of impairment are not required, the trial court's findings must logically support the conclusion of neglect. The Supreme Court concluded that the trial court's findings, including respondent's drug abuse and unsafe living conditions, adequately supported the adjudication of Layla as a neglected juvenile. View "In re L.C" on Justia Law

A.L. (Mother) appealed the juvenile court's decision to assume dependency jurisdiction over her one-year-old daughter, Minor, following a single-vehicle drunk driving accident in which Minor suffered a severe brain injury. Mother also contested the court's decision to require monitored visitation. The accident occurred after Mother consumed alcohol at a party and drove at high speeds, resulting in a crash that caused significant injuries to Minor. At the scene, Mother attempted to prevent a bystander from calling for help, fearing her child would be taken away. Both Mother and Minor were transported to medical facilities, where Minor was found to have a brain bleed and required surgery.The San Bernardino County Children and Family Services (CFS) filed a petition alleging Minor needed dependency protection. The juvenile court found a prima facie basis for the petition and placed Minor in foster care after her hospital stay. CFS recommended that Minor be placed in the sole custody of her father, S.L. (Father), with no reunification services for Mother. The court continued the jurisdiction and disposition hearing multiple times, during which Mother complied with her case plan, including parenting classes and substance abuse counseling. Despite her progress, CFS maintained that sole custody should be vested with Father, and the matter should be transferred to family court.The California Court of Appeal, Fourth Appellate District, Division Two, reviewed the case. The court affirmed the juvenile court's decision to assume dependency jurisdiction under both section 300, subdivision (b) [failure to protect] and subdivision (e) [severe physical abuse]. The court found substantial evidence supporting the jurisdictional findings, noting the severity of Minor's injuries and Mother's actions at the scene. The court also upheld the monitored visitation requirement, emphasizing the need for continued supervision to ensure Minor's safety. The court concluded that the juvenile court did not err in its rulings. View "In re B.L." on Justia Law

In September 2021, the Montana Department of Public Health and Human Services removed J.T.L. and D.L.L. from their parents' care due to drug use and poor home conditions. This was the fourth removal for J.T.L. and the third for D.L.L. The children were enrolled in the Little Shell Tribe of Chippewa Indians in February 2022, and the Department notified the Tribe of the proceedings. The District Court adjudicated the children as youths in need of care in July 2022 and granted the Department temporary legal custody. In August 2022, the court ordered the mother to complete a treatment plan addressing substance use, mental health, parenting, and housing issues. The Department sought termination of her parental rights in October 2023 due to her failure to complete the treatment plan.The Montana Eighth Judicial District Court held a two-day hearing in July 2024 and terminated the mother's parental rights. The mother appealed, arguing that the Department did not make "active efforts" under the Indian Child Welfare Act (ICWA) and that guardianship, not termination, was in the children's best interests. The District Court found that the Department made active efforts to place the children with ICWA-preferred placements and to support their cultural connections. The court also found that the mother failed to comply with her treatment plan and that her condition was unlikely to change within a reasonable time.The Montana Supreme Court reviewed the case and affirmed the District Court's decision. The court held that the Department made active efforts under ICWA and that the termination of parental rights was in the children's best interests. The court found that the Department consulted with the Little Shell Tribe and sought input from various parties to support the children's cultural engagement. The court also found that the mother failed to complete her treatment plan and that her continued custody would likely result in serious emotional or physical damage to the children. View "Matter of D.L.L. & J.T.L." on Justia Law

In this juvenile dependency case, the San Bernardino County Children and Family Services (CFS) removed two children from their mother's home due to concerns of neglect. The juvenile court detained the children and ordered family reunification services for both parents, allowing CFS to provide relative visits as appropriate. The children were placed with their paternal grandmother. The maternal grandmother, R.H., frequently interfered with the parents' visitation schedules, leading to conflicts and an altercation at the children's school.The juvenile court found that visits with the maternal grandmother were detrimental to the children's well-being and ordered that she have no further visits. R.H. filed a petition under Welfare and Institutions Code section 388 to reinstate her visits, but the court summarily denied the petition, finding no new evidence or changed circumstances and that visits were not in the children's best interest.R.H. appealed, claiming the juvenile court violated her due process rights by acting on an oral motion without following procedural requirements. The California Court of Appeal, Fourth Appellate District, Division Two, held that grandparents who are not acting in a parental role have no constitutionally protected right to visit dependent children, and thus, R.H.'s due process challenge failed. The court also found that the juvenile court had the authority to modify the visitation order on its own motion and that any procedural error was harmless.The appellate court concluded that substantial evidence supported the juvenile court's finding that visits with the maternal grandmother were detrimental to the children's well-being. The orders denying her further visits and summarily denying her section 388 petition were not abuses of discretion. Therefore, the appellate court affirmed the juvenile court's orders. View "In re R.M." on Justia Law

A.T. was born in May 2024 and tested positive for amphetamine and methamphetamine, as did her mother, M.T. The mother admitted to drug addiction and using methamphetamine throughout her pregnancy. The San Diego County Health and Human Services Agency (Agency) was notified, and A.T. was placed with a relative caregiver, Gloria T. The father, W.M., had a history of domestic violence and substance abuse issues, and had previously been involved in dependency proceedings for his other children, Y.M. and J.G.The Superior Court of San Diego County found that A.T. was a dependent child under section 300 of the Welfare and Institutions Code and ordered her removal from her mother's custody. The court also found that placing A.T. with her father would be detrimental to her well-being, citing his history of domestic violence, ongoing relationship with the mother, and lack of cooperation with the Agency.The father appealed, arguing that section 361, subdivision (d) should apply, which requires a higher standard of proof for removal, and that there was no clear and convincing evidence to support the finding of detriment. The Agency argued that section 361.2, subdivision (a) applied because the father did not have physical custody of A.T. at the time of disposition and sought to assume custody.The California Court of Appeal, Fourth Appellate District, Division One, concluded that section 361.2 applied because the father was the noncustodial parent seeking custody. The court found clear and convincing evidence supporting the juvenile court's finding that placing A.T. with the father would be detrimental to her safety and well-being. The court affirmed the juvenile court's dispositional order, maintaining A.T.'s placement with the relative caregiver and granting the father liberal unsupervised visitation. View "In re A.T." on Justia Law

Cynthia Maldonado and Martha Amaro, who lived on both sides of the Oklahoma-Kansas border and in Mexico, appealed a trial court's order that Oklahoma had jurisdiction over a juvenile deprived proceeding under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The trial court found that Maldonado's child, L.A., had resided in Oklahoma for six months preceding the commencement of the proceeding, making Oklahoma the child's home state. The court also adjudicated the children deprived as to Maldonado.The Texas County District Court of Oklahoma ordered that N.A. and L.A. be taken into emergency custody by the Oklahoma Department of Human Services (OKDHS) after Maldonado and N.A. tested positive for methamphetamine at birth. Maldonado filed a motion arguing that Oklahoma did not have jurisdiction under the UCCJEA, claiming that Mexico and Kansas were the children's home states. The State argued that Oklahoma had jurisdiction under the Oklahoma Children's Code. The trial court found that L.A. had lived in Oklahoma for six months before the proceeding and adjudicated the children deprived.The Supreme Court of the State of Oklahoma reviewed the case and affirmed the trial court's findings. The court held that the Oklahoma district court had subject matter jurisdiction over the juvenile deprived proceeding and that the UCCJEA applied to such proceedings. The court found that the trial court's determination that L.A. had resided in Oklahoma for six months preceding the proceeding was not clearly erroneous. The court also affirmed the trial court's order adjudicating the children deprived as to Maldonado, finding competent evidence to support the order. The appeal was not considered moot due to ongoing collateral consequences. View "IN RE: N.A.; STATE OF OKLAHOMA vs MALDONADO" on Justia Law

The case involves a seventeen-year-old named M.Z., who was adjudicated as a child in need of assistance (CINA) by the Circuit Court for Baltimore County due to behavioral issues and her mother's inability to manage her. M.Z. was placed in a therapeutic youth group home and later returned to her mother's custody. The Baltimore County Department of Social Services sought to terminate the CINA case, but M.Z.'s mother objected, citing ongoing behavioral concerns and the need for additional services.The Circuit Court for Baltimore County terminated the CINA case over the mother's objection, finding that the mother could adequately care for M.Z. and that the Department had exhausted its services. The mother appealed to the Appellate Court of Maryland, which dismissed the appeal, holding that the mother was not "aggrieved" by the termination since her custodial rights were restored.The Supreme Court of Maryland reviewed the case to determine whether a parent is entitled to appeal the termination of a CINA case over their objection. The court held that a parent is an "aggrieved party" entitled to appeal if they have not obtained the full relief sought in the juvenile court. The court emphasized that the CINA statute's purpose extends beyond parental rights to include the child's safety and well-being. The court found that the mother's interest in ensuring M.Z.'s safety and receiving necessary services was sufficient to make her an aggrieved party.The Supreme Court of Maryland reversed the judgment of the Appellate Court of Maryland and remanded the case for further proceedings to resolve the merits of the mother's appeal. View "In re M.Z." on Justia Law

A mother (TH) appeals a juvenile court's decision to change the permanency plan for her minor child (LH) from reunification to adoption. LH was taken into state custody shortly after birth due to both mother and child testing positive for opiates. The mother has another child, RH, who remained in her custody. The mother argues that the juvenile court did not consider LH's relationship with RH and that it abused its discretion by changing the plan to adoption despite her maintaining sobriety for six months.The District Court of Park County initially placed LH in the custody of the Department of Family Services (Department) and ordered the mother to abstain from controlled substances and undergo drug testing. Despite entering inpatient treatment and attending counseling, the mother continued to test positive for illegal substances, leading to suspended visitations with LH. The Department recommended changing the permanency plan to adoption after the mother failed to maintain sobriety and secure stable housing and employment.The Wyoming Supreme Court reviewed the case and found that the juvenile court did not abuse its discretion. The court noted that the juvenile court had ample evidence of LH's relationship with RH and the potential for sibling separation. The juvenile court's decision to change the permanency plan to adoption was based on the mother's failure to make sufficient progress on her case plan goals, particularly her sobriety and obtaining a stable living environment, within the statutory timeframe. The court emphasized that children have a right to stability and permanency, which outweighed the mother's progress in the months leading up to the permanency hearing.The Wyoming Supreme Court affirmed the juvenile court's decision to change the permanency plan from reunification to adoption, allowing the Department to cease reunification efforts. View "In re L.H. v. State" on Justia Law

In this case, the Los Angeles County Department of Children and Family Services (DCFS) became involved with a family after law enforcement discovered child pornography in the parents' home. Both parents admitted to possessing child pornography, and the mother admitted to posting inappropriate images of their daughter, M.V., online. M.V. was subsequently placed with her paternal grandparents, and the juvenile court sustained allegations of sexual exploitation against both parents, declaring M.V. a dependent child and removing her from her parents' custody. The parents received reunification services until November 2020, and in December 2021, the juvenile court terminated their parental rights. However, this order was vacated on appeal, and the case was remanded for a supplemental bonding study and a new permanency planning hearing.On remand, a new expert conducted a bonding study, and the permanency planning hearing took place in June 2024. The court reviewed extensive documentary evidence, including reports on M.V.'s well-being, her relationship with her parents and grandparents, and her expressed wishes to be adopted by her grandparents. The expert, Dr. Gonzalez, concluded that M.V. had a secure attachment to both parents and that terminating the parental relationship could be detrimental to her. However, the court found that the parents had not proven the beneficial parental relationship exception, noting that the expert's opinions were based more on general psychological principles than on the specific facts of the case.The California Court of Appeal, Second Appellate District, Division Eight, reviewed the case and affirmed the juvenile court's order terminating parental rights. The appellate court found that the juvenile court did not abuse its discretion in rejecting the expert's opinions and that the evidence did not compel a finding in favor of the parents. The court also addressed and dismissed allegations of judicial bias and due process violations raised by the parents. View "In re M.V." on Justia Law