Justia Juvenile Law Opinion Summaries

The case involves Amber C., the mother of a two-year-old child, Kieran S., who appealed from the juvenile court’s jurisdiction findings and disposition orders after the court sustained a petition by the Los Angeles County Department of Children and Family Services. The petition was filed under Welfare and Institutions Code section 300, subdivision (b), alleging that Amber's substance abuse posed a substantial risk of serious physical harm to Kieran. The Department received a referral in April 2019, stating that the parents used drugs in the child's presence. Amber tested positive for amphetamine, methamphetamine, and morphine. Despite her positive test results, Amber denied using methamphetamine and claimed she did not use any drugs while with Kieran. After failing to cooperate with welfare checks and evading the Department, Amber absconded with Kieran.The juvenile court sustained counts under section 300, subdivision (b), alleging Amber abused substances, failed to protect Kieran from Victor’s mental and emotional issues, and absconded with Kieran. At the disposition hearing, the juvenile court declared Kieran a dependent child of the court, removed him from his parents, ordered Amber to attend a drug treatment program, and ordered reunification services. Amber appealed from the jurisdiction findings and disposition orders, arguing that there was no evidence she was under the influence of drugs when Kieran was detained and that there was no evidence of neglect or risk of harm to Kieran in her care.The Supreme Court granted Amber’s petition for review and transferred the case back to the Court of Appeal with directions to vacate its prior decision and reconsider Amber’s appeal in light of In re N.R., which held that substance abuse is not prima facie evidence of a parent’s inability to provide regular care to a child of tender years. The Court of Appeal found that substantial evidence supported the juvenile court’s finding Amber’s drug abuse created a substantial risk of physical harm to Kieran and affirmed the juvenile court’s jurisdiction findings and disposition orders. View "In re Kieran S." on Justia Law

The case involves a father, H.A., who sought to vacate orders of the juvenile court that terminated his visitation rights and the mother’s reunification services, and set a hearing pursuant to Welfare and Institutions Code section 366.26. The father argued that the inquiry into the minors’ potential Indian heritage in this dependency case was insufficient and failed to comply with the Indian Child Welfare Act (ICWA). The San Joaquin County Human Services Agency had filed a section 300 petition on behalf of the minors based on the parents’ substance abuse, domestic violence, and the mother’s untreated mental health issues. Both parents denied having any Native American ancestry.The Court of Appeal of the State of California Third Appellate District agreed with the father's contention. The court found that the inquiry of relatives and family members about the minors’ potential Indian heritage was necessary to meet the requirements of the ICWA. The court noted that the Agency had contact with the maternal and paternal grandmothers and the paternal great-aunt, but did not ask them, or any other relatives, about possible Native American ancestry.The court vacated the juvenile court’s finding that the minors are not Indian children within the meaning of the ICWA and remanded the case to the juvenile court for further proceedings to address compliance with the inquiry and notice provisions of the ICWA. The court also issued a peremptory writ of mandate directing the respondent juvenile court to vacate the ICWA findings and conduct further proceedings to determine whether the ICWA inquiry and notice requirements have been met. The court emphasized the obligations of the parents’ and minors’ counsel, the juvenile court, and the Agency under the ICWA. View "H.A. v. Super. Ct." on Justia Law

A fatal motor vehicle accident involving a juvenile driver led to a delinquency petition filed against the driver, who later pleaded nolo contendere to two charges of driving so as to endanger, resulting in death. The parents of the deceased, who were present for the plea, subsequently filed a motion in the Family Court seeking access to the transcript of the proceeding where the juvenile driver was certified and sentenced. The Family Court denied the motion, leading to an appeal by the deceased's parents, who were not parties to the case.The Family Court's denial of the motion was based on the consideration of the "good cause" standard, as stipulated by the statute and precedent. The court found that the parents failed to show how they would not be able to seek restitution for their damages without the transcript. The court also noted that the parents and their attorneys were present during the proceedings for which they requested a transcript. Balancing the interests of the state in protecting the confidentiality of juvenile justice proceedings against the interests of the parents, the court concluded that the state's interests outweighed the parents' interests.The Supreme Court of Rhode Island affirmed the Family Court's order. The Supreme Court noted that the parents failed to meet the standard for production of confidential juvenile records of Family Court proceedings. The court also disagreed with the parents' argument that the transcript might prove helpful in the event of inconsistencies in the juvenile's testimony, describing this argument as speculative. The court concluded that the Family Court did not abuse its discretion in denying the motion. View "In re C.R." on Justia Law

The case involves a nonmarital child who was removed from the mother's custody due to neglect. The Department of Children and Families filed a care and protection petition in the Juvenile Court. The father, who had established paternity but had not sought custody prior to the filing of the petition, was granted temporary custody. The mother later waived her right to a hearing and stipulated that she was unfit, leading to the Juvenile Court judge awarding "permanent" custody to the father. However, the child filed a motion to dismiss the care and protection case, arguing that the Juvenile Court's custody order was sufficient to award permanent custody to the father.The Juvenile Court judge denied the child's motion, citing the statutory scheme which addresses the rights and responsibilities of the parents of nonmarital children. This scheme provides that the mother of a nonmarital child "shall" have custody "[i]n the absence of an order or judgment of a [P]robate and [F]amily [C]ourt [judge] relative to custody." The current practice in the Juvenile Court is to require the parent, who has been awarded permanent custody of the child in connection with a care and protection action, to seek an order of custody from the Probate and Family Court under the nonmarital child statutory scheme.The Supreme Judicial Court of Massachusetts affirmed the Juvenile Court judge's order denying the child's motion to dismiss the care and protection case. The court agreed that the current practice best reflects the Legislature's intent and harmonizes the two statutory schemes. The court also concluded that the practice complies with due process. View "Care and Protection of Jaylen" on Justia Law

The case involves the Department of Children, Youth, and Families (DCYF) in Rhode Island, which was held in contempt by the Family Court for failing to place a minor, N.B., in a specific facility, St. Mary’s Home for Children, as ordered by the court. N.B., who has behavioral issues and Type I juvenile diabetes, was initially placed in Hasbro Children’s Hospital after her mother refused to take her home due to safety concerns. The Family Court ordered DCYF to place N.B. at St. Mary’s, but the facility refused to admit her due to her medical needs and behavioral issues. Despite DCYF's efforts to secure a placement for N.B., including contacting multiple potential placements and attempting to hire nurses to monitor N.B.'s diabetic care needs, no suitable placement was available.The Family Court found DCYF in contempt for failing to place N.B. at St. Mary’s, rejecting DCYF's argument that it was impossible to comply with the placement order. The court ordered DCYF to pay a daily sanction until it complied with the order. DCYF appealed the contempt order, arguing that the Family Court abused its discretion by finding that DCYF had not exercised reasonable efforts to place N.B. and that it was impossible to comply with the placement order.The Supreme Court of Rhode Island vacated the Family Court’s contempt order. The Supreme Court found that DCYF had made substantial efforts to place N.B. at St. Mary’s and other appropriate facilities, but compliance with the placement order was outside the department’s control due to circumstances such as the refusal of facilities to accept N.B. and ongoing nursing shortages related to the COVID-19 pandemic. The Supreme Court concluded that the Family Court had abused its discretion in finding that DCYF had not used reasonable efforts to place N.B. and in holding DCYF in contempt. View "In re N.B." on Justia Law

A mother appealed from juvenile court orders denying her petition for modification under Welfare and Institutions Code section 388 and terminating her parental rights under Welfare and Institutions Code section 366.26. The mother argued that the proceedings violated her substantive due process rights because the juvenile court was not required to consider her potential for further brain development, or her capacity to change, given her status as a teenager.The Court of Appeal of the State of California Second Appellate District Division Three affirmed the juvenile court orders. The court rejected the mother's arguments, concluding that sections 366.26 and 388 did not violate her due process rights. The court found that the focus of the proceedings shifted to permanence and stability for the child once reunification efforts failed. This shift did not violate the mother’s rights, even though she was a teenage parent. The court reasoned that the mother’s youth did not change or lessen the child’s need for permanence and stability.The court also dismissed the mother's reliance on cases concerning juvenile offenders in the criminal context, stating that the objectives and interests of the criminal justice system are vastly different from those of the juvenile dependency system. The court noted that the legislative choices to shift focus from reunification to permanency, require a parent to demonstrate changed circumstances, and prefer adoption as a permanent plan, were not intended to punish the parent, but to focus on the child's rights in proceedings where expediency is critical to the protection of their interests. View "In re S.G." on Justia Law

In the Supreme Court of the State of Oregon, the case involved a mother contesting the juvenile court's decision concerning the permanency plan for her child, A. In July 2019, A was made a ward of the court and placed in substitute care under the Department of Human Services (DHS). Despite DHS's efforts, the juvenile court determined that the mother had not made sufficient progress to allow A's safe return home.The mother argued that the juvenile court applied an incorrect legal standard, asserting that she had made significant progress. The court, however, determined that the evidence was legally sufficient to support the juvenile court's conclusion that the mother's progress was inadequate for A’s safe return home.The court held that the juvenile court's "sufficient progress" determination is a legal conclusion rather than a factual finding. It concluded that the record developed in this case was legally sufficient to support the juvenile court's legal conclusion that the mother's progress was insufficient to make possible A's safe return home. As a result, the court affirmed the decision of the Court of Appeals and the judgment of the juvenile court. View "Dept. of Human Services v. Y. B." on Justia Law

This case arises from a parental rights termination appeal in Texas. The father had been the primary caregiver for his three children, including one-year-old twins and a three-year-old daughter. However, the father tested positive for methamphetamine and the children were removed by the Department of Family and Protective Services due to the father's drug use and homelessness. Although the father initially complied with a service plan, which included drug testing and treatment, he eventually refused further treatment and missed subsequent drug tests. The trial court terminated the father's parental rights, but the court of appeals reversed the decision, arguing that the Department had failed to prove harm to the children as a direct result of their father's drug use.The Supreme Court of Texas disagreed with the court of appeals' interpretation of "endanger" in the context of illegal drug use. It held that a parent's endangering conduct does not need to be directed at the child or result in actual injury to the child. Instead, endangerment encompasses a larger array of conduct that exposes a child to loss or injury, or jeopardizes the child's physical or emotional well-being. The court argued that the father's pattern of drug use, coupled with his homelessness, employment instability, and almost complete abandonment of his children for the six months preceding the trial, posed a substantial risk to the children's emotional well-being. Therefore, legally sufficient evidence supported the trial court's determination that the father's conduct endangered the children. The case was remanded to the court of appeals for a best-interest determination. View "In re R.R.A." on Justia Law

In this case, F.K. (the Mother) filed a petition challenging the juvenile court's decision to terminate her reunification services and set a selection and implementation hearing regarding her daughter, A.R. The Mother contended that the Santa Barbara County Department of Child Welfare Services (the department) did not adequately consider her grief over the death of A.R.'s twin sister and did not provide reasonable reunification services. She also claimed that six months of services were insufficient.The Mother had a history of untreated alcohol abuse, domestic violence, and criminal convictions related to these issues. The juvenile court ordered her to receive reunification services after finding the dependency petition true and removing A.R. from her custody. The services aimed at addressing her substance abuse and its impact on her ability to safely parent A.R.The juvenile court decided to terminate the reunification services at the six-month review hearing after concluding that the Mother failed to make substantial progress in the court-ordered treatment plan. The court reasoned that it did not have discretion to extend services unless the Mother showed substantial compliance with the case plan. The court also found that the department had made reasonable efforts to return A.R. to the Mother's custody by providing reasonable services.The Court of Appeal agreed with the Mother's contention that the juvenile court erred in terminating the reunification services. The court noted that, at the six-month review, the juvenile court had the discretion to continue the case and forego setting a hearing to terminate parental rights even if it did not find a substantial probability of the child returning to the parent. The court concluded that the juvenile court did not exercise its discretion because it incorrectly believed it was bound to terminate services due to the Mother's lack of substantial progress. The Court of Appeal ordered the juvenile court to conduct a new section 366.21 hearing. View "F.K. v. Superior Court" on Justia Law

The case involves a mother appealing against a juvenile court's ruling that she neglected her infant son, AE. The infant was born prematurely and consistently underweight. Despite numerous hospitalizations and health professional instructions, the child's weight did not significantly increase while under the parents' care. However, the child showed substantial weight gain while hospitalized. The State filed a petition alleging that the parents neglected AE by failing to provide adequate care necessary for the child's well-being. The juvenile court ruled in favor of the State concerning the mother, but not the father, due to insufficient evidence against him.The Supreme Court of Wyoming affirmed the lower court's decision. The court found that the evidence of the child's ability to gain weight in a hospital setting versus his home was enough to support the neglect adjudication against the mother. The court stressed that although the mother followed medical instructions and took AE to medical appointments, the child's failure to thrive at home pointed to neglect. This case demonstrates that the courts assess neglect based on the child's well-being and not necessarily on the intent or efforts of the parents. View "In the Interest of A. E. v. The State of Wyoming" on Justia Law