Orange County Social Services Agency v. Debra T.

INTRODUCTION

B.T., the child who is the subject of this appeal, was conceived during an unlawful sexual relationship between Debra T, an adult, and Miguel M., a minor. Debra was arrested for this relationship when B.T. was not yet five months old; Orange County Social Services Agency (SSA) thereupon detained not only B.T., but Debra’s three other children, ages 17, 12, and nine, on the grounds of substantial risk to them of neglect and sexual abuse by Debra. After the subsequent hearing for B.T. in August 2010, the juvenile court found that it had jurisdiction over B.T., based on a risk to her of sexual abuse and neglect, and awarded Miguel full legal and physical custody, with monitored visits by Debra. 1 Debra appeals these rulings.

We reverse. After carefully examining the record, we cannot find substantial evidence to support the juvenile court’s jurisdiction over B.T. at the time the findings and orders were made. There was no evidence that Debra was likely to abuse or neglect B.T. On the contrary, she had an exemplary track record of child rearing. While her relationship with Miguel certainly reflected poorly upon her judgment in one area, nothing suggested that…