R.S.

Santa Clara County Department of Family & Children's Services v. R.S.

Good Law
126 Cal. Rptr. 3d 868·196 Cal. App. 4th 1069·2011 Cal. App. LEXIS 798
Court of Appeal of CaliforniaJune 22, 2011No. H036274California1,459 words

Opinion

Lead Opinion

Rushing, J.

The Santa Clara County Department of Family and Children’s Services (Department) filed this proceeding to bring J.S. within the jurisdiction of the juvenile court under Welfare and Institutions Code section 300. 1 The court granted physical custody to J.S.’s biological father, Thomas N., and terminated its jurisdiction. The mother, R.S., brings this appeal, contending that the court committed reversible error by terminating jurisdiction without making an express finding in support of that decision, as required by section 361.2, subdivision (c) (section 361.2(c)). We hold that although the court erred, there is no reasonable probability that it would have reached a different result in the absence of the error. Accordingly, we will affirm.

Background

A highway patrolman reported that on the evening of May 18, 2010, he stopped to investigate a seemingly disabled vehicle along a freeway in San Mateo. The driver, R.S., reported that she had run out of gas. With her in the car were J.S., about five and one-half years old, and his half sister, J.C., about four years old. The children told the officer that their mother had been yelling at and hitting them earlier in the…

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