Persons Coming Under the Juvenile Court Law. L. A. Cnty. Dep't of Children v. Vicente T. (In re Isr. T.)

Good Law
240 Cal. Rptr. 3d 907·30 Cal. App. 5th 47
Court of Appeal of CaliforniaNovember 21, 2018B286821California454 words

Opinion

lead Opinion

Manella, J.

*48 Appellant Vicente T. (Father), the father of Israel and Isabel T., appeals the juvenile court's jurisdictional order. The court asserted that the children fell under Welfare and Institutions Code section 300, subdivision (b), but found no substantial risk of serious harm to the children from the parents' actions, and at the dispositional phase, returned the children to the custody of the parents, finding that the parents did not constitute "any kind of risk to the children." 1 Father contends the court's findings do not support the assertion of jurisdiction. We agree and reverse the jurisdictional order.

*49 FACTUAL AND PROCEDURAL BACKGROUND

The family came to the attention of the Department of Children and Family Services (DCFS) on June 17, 2017. Officers from the Bell Gardens Police Department observed Father exchanging money for a Styrofoam cup at a fast food restaurant. Suspecting a drug transaction and observing Father commit several traffic violations as he drove away, police stopped him. Father exited his car and ran to his home. Mother came out of the home, took a cup from Father's car, and ingested something contained inside it. Father and Mother were arrested.…

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