In re Ethan C.

Los Angeles County Department of Children & Family Services v. William C.

Caution
143 Cal. Rptr. 3d 565·2012 Cal. LEXIS 6358·54 Cal. 4th 610·2012 WL 2579998·279 P.3d 1052
Supreme Court of CaliforniaJuly 5, 2012S187587California12,401 words

Opinion

Opinion

Baxter, J.

Under certain circumstances, found by a preponderance of evidence, and indicating that a minor child is bereft of care or support by a parent or guardian, or has suffered or risks actual or threatened serious injury, illness, emotional damage, or sexual abuse because of a custodial parent’s or guardian’s inadequacy, neglect, or mistreatment, the child may be adjudged a dependent of the juvenile court. (Welf. & Inst. Code, § 300.) A dependency adjudication is a preliminary step that allows the juvenile court, within specified limits, to assert supervision over the endangered child’s care. But it is merely a first step, and the system includes many subsequent safeguards to ensure that parental rights and authority will be restricted only to the extent necessary for the child’s safety and welfare.

Thus, unless a custodial parent or guardian has abandoned or voluntarily relinquished the child, the court may not remove a dependent child from the parent’s or guardian’s physical custody unless it finds, by clear and convincing evidence, that such action is necessary to protect the child from serious harm. (§ 361, subd. (c).) Even if removal is ordered, the court must provide…

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