In re Victoria P. CA5

INTRODUCTION

Victoria and Danielle, both over 12 years old, were removed from the custody of their mother by the Kern County Department of Human Services (department) after their father in Ohio failed to assume custody and remove them from an unsafe environment. The children were placed in foster care and family reunification services were recommended for both parents. At disposition, the juvenile court placed the children in Ohio with their father and terminated jurisdiction, despite the children’s, department’s, and mother’s objection. Mother appealed contending the juvenile court erred in placing the children with their father and terminating jurisdiction. The department filed a letter stating it agreed with mother’s appeal. We reverse the placement order and termination of jurisdiction and order further proceedings.

FACTUAL AND PROCEDURAL SUMMARY

On September 23, 2014, the department was in contact with father in Ohio. Father stated he was aware Victoria and Danielle were in an unsafe home, there was violence in the home, and mother was using methamphetamines. The department repeatedly recommended father assume custody of the children, stating he could assume custody at any…