Imperial Cnty. Dep't of Soc. Servs. v. M.G. (In re J.G.)

Good Law
20 Cal. App. 5th 173·228 Cal. Rptr. 3d 787
Court of Appeal of CaliforniaFebruary 2, 2018D072293California6,583 words

Opinion

lead Opinion

Aaron, J.

*176 Minors N.C., P.G., J.G., and D.G. appeal from orders denying the Imperial County Department of Social Services' petition to remove them from the care of their paternal aunt under Welfare and Institutions Code sections 387 and 361.3. 1 Minors contend that in view of the court's finding that the three youngest children were diagnosed with nonorganic failure to thrive while in their aunt's care, the court erred in determining that continued placement with their aunt was appropriate and in their best interests. We agree and conclude that the court abused its discretion in ordering the children to remain with a caregiver who failed to provide adequate food to them, causing serious injury to the health and well-being of the three youngest children. We therefore reverse the findings and orders of the juvenile court. 2

*789 FACTUAL AND PROCEDURAL BACKGROUND

In November 2014, the Imperial County Department of Social Services (the Department) detained N.C., 3 P.G., J.G., and D.G. (collectively, the children) in protective custody after their father, Jose G., ran over their mother, D.H., with his car when she tried to prevent him from leaving with the children. The children were…

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