Los Angeles County Department of Children & Family Services v. Aaron O.

Caution
109 Cal. Rptr. 3d 899·185 Cal. App. 4th 103·2010 Cal. App. LEXIS 778
Court of Appeal of CaliforniaMay 28, 2010No. B218741California3,407 words

Opinion

lead Opinion

Mallano, J.

Aaron O. (Father) appeals from an order on a supplemental petition (Welf. & Inst. Code, § 387) 1 terminating a home of parent order and removing his daughter A.O. from his care after his arrest and incarceration and placing A.O. with Father’s wife (Stepmother) in the same house in which A.O. had been living with Father and Stepmother before Father’s arrest. We affirm the order sustaining the section 387 petition because substantial evidence supports the juvenile court’s finding that the previous home of parent order was no longer effective to protect A.O. We also hold that a basis to avoid the assertion of dependency court jurisdiction over a child under section 300, subdivision (g)—the incarcerated parent’s making an appropriate arrangement for the care of the child by a relative or friend—is inapplicable to a supplemental petition under section 387 because section 300, subdivision (g) deals with the initial imposition of dependency *106 court jurisdiction over a child, which is not at issue on a section 387 petition to terminate a home of parent order. 2

BACKGROUND

Until he was incarcerated in 2007, Father provided financial support for A.O.’s older sister, J.O. (bom…

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