Justia Juvenile Law Opinion Summaries

In this case, the Supreme Court of Florida reviewed a decision from the Fifth District Court of Appeal related to the termination of a father's parental rights. The father, identified as C.C., had been convicted 18 times over a 15-year period, including for domestic violence, arson, and driving while intoxicated. He was repeatedly incarcerated, leading to his lack of involvement in the life of his son, L.A., who was taken into state custody shortly after his birth due to his mother's physical abuse of his older brother. Despite minimal involvement in L.A.'s life, C.C. challenged the termination of his parental rights, arguing that the termination was not the least restrictive means of protecting L.A.The trial court had concluded that C.C.'s repeated incarceration, token support, and failure to maintain a substantial and positive relationship with L.A. constituted abandonment, and that his repeated incarceration and unavailability presented a risk of harm to L.A., despite his receipt of services. On appeal, the Fifth District Court of Appeal concluded that C.C. should have been provided with a case plan and the opportunity to comply with it before his parental rights were terminated.The Supreme Court of Florida disagreed with the Fifth District's decision, finding that it had improperly reweighed the evidence. The Supreme Court held that the trial court's determination that termination was the least restrictive means of protecting L.A. was supported by competent, substantial evidence, and it remanded the case to the Sixth District to affirm the trial court's order terminating C.C.'s parental rights. The court emphasized that the paramount concern was the welfare of the child and that despite the services provided to C.C., he had not been able to overcome the issues that led to L.A.'s dependency. View "Statewide Guardian ad Litem Office v. C.C." on Justia Law

In this case, J.C.P., the father of A.P., appealed a juvenile court's decision to terminate his parental rights. The child had been placed in protective custody due to his negligence and was adjudicated in need of protection. Both parents were in default, and the court had extended protective custody for an additional nine months. The mother did not appear at any of the hearings, but J.C.P. did, except for the final status conference. At this conference, the State moved for default against J.C.P., and the court agreed, terminating both parents' rights.J.C.P. argued that the court had abused its discretion by taking judicial notice of the affidavit underlying the petition without receiving testimony or other evidence in support of termination. He claimed that the court's findings were erroneous as they were not supported by evidence in the record. The Supreme Court of North Dakota agreed, finding that the juvenile court had abused its discretion by relying on an affidavit that the State never offered and the court never received into evidence.The court also pointed out that the juvenile court should not have accepted the qualified expert witness's affidavit instead of testimony, as the parties had not stipulated to this. The Court concluded that the juvenile court's findings on termination were clearly erroneous because they were not supported by evidence in the record. As a result, the Supreme Court of North Dakota reversed the juvenile court order terminating parental rights and remanded the case for further proceedings. View "Interest of A.P." on Justia Law

The Court of Appeal, Fourth Appellate District, Division One, State of California reviewed a case involving a mother (E.V.) who argued that the juvenile court lacked the authority to issue a temporary restraining order (TRO) and a permanent restraining order under Welfare and Institutions Code section 213.5. This section, in conjunction with section 311, implies that such authority is limited to dependency petitions filed by a probation officer rather than petitions filed by a social worker under section 300. The case arose after the juvenile court removed E.V.'s children from her custody due to drug use and negligence. Subsequently, the court granted a TRO request filed by one of the children (A.D.) against E.V. and later issued a permanent restraining order protecting A.D. from E.V. for a three-year period.The court, in this case, rejected E.V's argument, stating that in the context of the statutory scheme, probation officers and social workers are deemed the same. The court cited the legislative authority that allowed the delegation of duties from probation officers to social workers, making both terms interchangeable in juvenile dependency cases. Therefore, the court concluded that the juvenile court had the authority to issue a TRO and a permanent restraining order under Welfare and Institutions Code section 213.5 in cases where the petition was filed by a social worker under section 300. The court affirmed the order of the juvenile court. View "Bonds v. Super. Ct." on Justia Law

The appellant C.B., the biological father of minor A.K., appealed from the January 2023 order of the juvenile court terminating his parental rights. The appellant argued that the juvenile court and the Calaveras County Health and Human Services Agency (the Agency) denied his due process rights to notice and an opportunity to participate in dependency proceedings to establish presumed father status. T.K., the minor’s mother (mother), joined in C.B.’s arguments. The Court of Appeal of the State of California Third Appellate District agreed, finding that the juvenile court and the Agency did not comply with duties to try to identify all of the minor’s alleged fathers, to give adequate notice to C.B. that his parental rights were at stake in the proceedings, or to give C.B. notice of specific important hearings. Thus, it reversed the order terminating parental rights. The facts of the case reveal that when the minor was born, the Agency received a report that the mother tested positive for methamphetamine, benzodiazepines, and sexually transmitted diseases. The mother did not inform C.B. about her pregnancy and initially identified D.C. as the alleged father of the minor. However, paternity testing later showed that D.C. was not the biological father, and C.B. was identified as the potential father. Despite this, C.B. was not given proper notice of the proceedings or properly informed about their importance, and his due process rights were violated. View "In re A.K." on Justia Law

In this case, the Supreme Court of North Dakota reversed and remanded a juvenile court order that terminated the parental rights of T.W. to her children, J.C. and M.W. The children had been placed in foster care by the Ward County Human Services Zone due to child abuse by T.W. and A.W., and T.W. was sentenced to four years in custody after pleading guilty to three counts of child abuse. The State later filed a petition for termination of T.W.'s parental rights.The Supreme Court found that the juvenile court had abused its discretion when it took judicial notice of and considered evidence beyond the evidentiary record. The court also found that the juvenile court had made clearly erroneous findings, including incorrectly stating that the children had been in foster care for 1123 nights when they had actually been there for 877 nights. Although there was sufficient evidence to support the termination of T.W.'s parental rights, the court was unable to discern whether the juvenile court had relied on inadmissible evidence in its decision.As a result, the Supreme Court remanded the case with instructions for the juvenile court to issue an order based only on the evidence received at trial. The Supreme Court retained jurisdiction and requested that the juvenile court issue its new order within 20 days. View "Interest of J.C." on Justia Law

In early 2022, a three-year-old child, L.C., was taken from his mother, D.C., after she was arrested for transporting fentanyl pills with L.C. in the car. After the juvenile court removed L.C. from his mother's care, D.C. returned to Mexico on the advice of her criminal defense attorney. Despite being in Mexico, D.C. maintained a relationship with L.C. through weekly video calls and completed necessary programs as part of her case plan, including a drug treatment program, individual counseling, and parenting classes. However, the Los Angeles County Department of Children and Family Services expressed concerns about the validity of her drug tests performed by Mexico's child protection agency. At a 12-month status review hearing, the juvenile court terminated D.C.'s reunification services, citing her failure to return to California for drug testing and other services, speculation about L.C.'s developmental services in Mexico, and D.C.'s refusal to surrender herself in response to an arrest warrant.L.C. sought relief, arguing that there was no substantial evidence to support the juvenile court's finding that returning him to his mother would create a substantial risk of detriment to his safety or well-being. The Court of Appeal of the State of California, Second Appellate District, Division Seven agreed with L.C. and found that the mother had complied with her case plan, maintained a bond with L.C., and that Mexico's child protection agency could provide services to the mother and L.C. Therefore, the court granted the petition, vacated the juvenile court's termination of reunification services, and ordered a new review hearing to consider any developments since the last hearing. View "L.C. v. Superior Court" on Justia Law

In an appeal from a judgment of the Superior Court of Kern County, five minors, aged between one and fourteen years, challenged the juvenile court's decision to order reunification services for their parents, identified as A.B. (mother) and A.S. (father). The minors were adjudged dependent children due to ongoing domestic violence and substance abuse in their home. The court had to interpret and apply the provisions of Welfare and Institutions Code section 361.5, subdivision (b)(13), which allows a court to bypass reunification services for parents with a history of extensive, abusive, and chronic use of drugs or alcohol who have resisted prior court-ordered treatment in the three years prior to the filing of the petition.The Court of Appeal of the State of California Fifth Appellate District concluded that the juvenile court had misapplied the law when it decided it could not deny reunification services to the parents while they were participating in treatment. The court emphasized that the statute requires proof of the parent’s resistance during the three years preceding the petition, regardless of their engagement in treatment at the time of the disposition hearing.The court reversed the juvenile court's dispositional order providing reunification services to the parents for all five children and remanded the case for a new disposition hearing based on the family's present circumstances. This decision was made despite subsequent events that rendered the case potentially moot, as the court deemed the issue of statutory interpretation important. View "In re L.B." on Justia Law

Mother gave birth to K.B. in August 2022. Both she and K.B. tested positive for amphetamines, methamphetamines, and marijuana at the hospital, triggering a referral to the Department, which placed K.B. in temporary protective custody. Law enforcement subsequently arrested both parents on out-of-county warrants, taking one-year-old K. into protective custody. The Department filed a dependency petition (Welf. & Inst. Code, 300(b),(j)) and reported that the social worker had contacted the maternal grandmother as part of the Department’s inquiry into Minors’ Native American ancestry and that: “There are relatives to consider for placement at time of detention.” The Minors were placed in a non-relative foster home. A subsequent report stated that Mother “was unable to identify any relatives to be considered for placement”; the maternal grandmother and other relatives reside in Mississippi. Father stated that he has relatives in Arkansas that may be options in the future but he was unable to identify any relatives in California.” The paternal grandmother was also contacted.At the contested hearing, the parties did not raise the investigation regarding relative placement. The juvenile court declared Minors dependents, ordered that the Department offer reunification services, and found that the Department exercised due diligence to identify, locate, and contact relatives. The court of appeal reversed in part. There is no evidence that the Department exercised due diligence in identifying and investigating Minors’ adult relatives, or that any relatives received the required notice detailing options for participation. View "In re K.B." on Justia Law

Kayla (born in September 2017) came to the attention of the Los Angeles County Department of Children and Family Services (DCFS) after Defendant (mother) was arrested in May 2019. After mother’s arrest, officers found one-year-old Kayla in a motel room, alone. Mother, who was born in California, told an officer and a social worker that she had been living in Nevada since 2017 but had just moved back to California in May 2019 to find work and a place to live. Defendant appealed from an order terminating parental rights to her child, Kayla W. Mother contends that that Nevada’s relinquishment of jurisdiction was conditioned on Kayla being placed with maternal grandfather, so once Kayla was removed from maternal grandfather in December 2021 and placed with another caregiver, the court had to contact Nevada so that it could reassert jurisdiction. Mother argued that the court failed to comply with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, Fam. Code, Section 3400, et seq.)   The Second Appellate District affirmed. The court first held that mother forfeited the UCCJEA issue because she never objected to Nevada’s declination of jurisdiction, California’s acceptance of jurisdiction, or raised any jurisdictional issue when Kayla was removed from maternal grandfather’s care. Further, the court explained that Nevada did not and could not impose a jurisdictional condition precedent. Moreover, Sections 3429 and 3422 did not require the court to consult Nevada. View "In re Kayla W." on Justia Law

The juvenile court sustained the petition filed by the Los Angeles County Department of Children and Family Services alleging that Maira H. and Appellant, had a history of engaging in violent physical and verbal altercations in the presence of the children. At disposition the court declared the children dependents of the court, removed them from Appellant’s care and released them to Maira. Appellant appealed the December 2, 2021, findings and orders. Prior to Appellant’s filing of his opening brief on appeal, the juvenile court terminated its jurisdiction and issued custody orders, based on the parents’ mediated agreement, providing for joint legal and physical custody of the children with their primary residence to be with Maira. The custody orders include a parenting plan that specifies a visitation schedule for Appellant and allows for additional visitation as agreed by both parents. Appellant did not appeal the order terminating jurisdiction or the custody orders. The Department contends termination of dependency jurisdiction moots Appellant’s appeal.   The Second Appellate District agreed with the Department and dismissed Appellant’s appeal as moot. The court explained that although Appellant is no doubt correct that the jurisdiction findings impacted the custody orders entered by the juvenile court, to provide Appellant with effective relief, the court would have to reverse not only the jurisdiction findings and disposition orders but also the orders terminating jurisdiction and determining visitation. Accordingly, the court explained that because he did not appeal the September 22, 2022, custody and visitation orders, those orders are not now before the court or otherwise subject to appellate review. View "In re Jose C." on Justia Law