In re D.B.

I. Introduction

N.B. (Mother) is the mother of D.B., who was taken into protective custody in December 2012 at the age of seven. Mother appeals from the juvenile court’s order under Welfare and Institutions Code section 364, subdivision (c) (section 364(c)), continuing dependency jurisdiction. She argues that section 364(c) required the juvenile court to terminate jurisdiction because the evidence established continued supervision was unnecessary to protect D.B. from risk of harm. The Orange County Social Services Agency (SSA) agrees with Mother that the juvenile court should have terminated dependency jurisdiction but, unlike Mother, believes D.B.’s father, A.K. (Father), should be granted visitation rights.

We reverse and remand. Section 364(c) states, “[t]he court shall terminate its jurisdiction unless the social worker or his or her department establishes by a preponderance of evidence that the conditions still exist which would justify initial assumption of jurisdiction under Section 300, or that those conditions are likely to exist if supervision is withdrawn.” (Italics added.) Substantial evidence did not support the juvenile court’s finding that the conditions…