In re T.M. CA1/4

Good Law
Court of Appeal of CaliforniaMay 31, 2023A165709California923 words

Opinion

Opinion

DISCUSSION

The Removal Findings Father first challenges the dispositional order removing Tamarin M., arguing there was insufficient evidence supporting the court’s findings of substantial danger to the minor if she were returned home and no reasonable means to protect her without removal. Where removal from a parent is at issue, the court must make removal findings under section 361, subdivision (c)—that is, the court must find, by clear and convincing evidence, that “[t]here is or would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the [child] if the [child] were returned home,” that there are no reasonable means short of removal to protect the minor, and that the Department made reasonable efforts to avoid

2 removal.2 (§ 361, subd. (c)(1).) We review the court’s removal findings for substantial evidence. (In re I.R. (2021) 61 Cal.App.5th 510, 520.) The court’s findings were properly supported. This dependency commenced in 2017 because of father’s arrest for public intoxication and child endangerment. The minor was removed from his custody again in 2020 after he drove with her while intoxicated and without a driver’s…

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