CA2/5

In re J v. CA2/5

Good Law
Court of Appeal of CaliforniaAugust 7, 2013B247062California5,553 words

Opinion

Opinion

INTRODUCTION

L.L. (mother) appeals from the dependency court’s order made at a six-month review hearing under Welfare and Institutions Code section 366.21, subdivision (e)1 denying her request that her 13-year-old son, J.V., a dependent of the juvenile court, be returned to her custody. Mother contends substantial evidence does not support the finding that returning J.V. to her custody created a substantial risk of detriment to the child. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Previous Appeal2 On February 9, 2011, the Department of Children and Family Services (DCFS) filed a petition under section 300 alleging, inter alia, that father and mother had subjected J.V. to emotional abuse due to an ongoing custody dispute between the two. That same day, the juvenile court found a prima facie case, detained J.V., and released him to mother. The juvenile court ordered no visitation for father, but gave DCFS the discretion to liberalize that order to monitored visitation in a therapeutic setting. The juvenile court also ordered an Evidence Code section 730 evaluation of father, mother, and the minor. On April 5, 2011, the juvenile court sustained the allegation in…

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