In Re Robert L.

San Joaquin County Department of Human Services v. Gary L.

Bad Law
1993 Cal. App. LEXIS 1201·21 Cal. App. 4th 1057·24 Cal. Rptr. 2d 654·93 Daily Journal DAR 15059·93 Cal. Daily Op. Serv. 8842
Court of Appeal of CaliforniaNovember 30, 1993C015402California3,972 words

Opinion

Opinion

Davis, J.

In this appeal by the minors from juvenile court orders following a disposition hearing (Welf. & Inst. Code, §§ 360, 395; further section references are to this code), we consider the appropriate standard of review to apply to orders denying placement of minors with relatives. (§ 361.3.) We shall conclude the abuse of discretion standard is appropriate in reviewing such orders. Applying that standard to the facts presented here, we hold the juvenile court’s order denying placement with the minors’ grandparents was an abuse of its discretion.

Factual and Procedural Background

On December 1, 1992, section 300 petitions were filed on behalf of the minors, Robert (born Aug. 4, 1978), Rachel (born Aug. 29, 1979), and Rosalina (born Oct. 13, 1980). The petitions alleged that Gary L., the father of the minors, physically and verbally abused all of the minors and engaged in inappropriate sexual conduct with Rachel and Rosalina. The petitions also alleged that Rosaline L., the mother of the minors, was unwilling and unable to protect the minors. After the petitions were sustained as amended, the juvenile court ordered Rachel and Rosalina placed temporarily with their paternal…

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