In re E.W. CA1/3

DISCUSSION

I. Mother’s Appeal

Mother contends that the evidence does not support the dispositional order placing E. in foster care. We disagree. The evidence of E.‟s needs and Mother‟s inability to safely care for him solidly supports the dependency court‟s order. Under section 361, subdivision (c)(1), “[a] dependent child may not be taken from the physical custody of his or her parents . . . unless the juvenile court finds clear and convincing evidence of any of the following. . .: [¶] (1) There is or would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the minor if the minor were returned home, and there are no reasonable means by which the minor‟s physical health can be protected without removing the minor from the minor‟s parents‟ or guardians‟ physical custody.” An order directing removal of a minor under section 361 “is proper if it is based on proof of parental inability to provide proper care for the minor and proof of a potential detriment to the minor if he or she remains with the parent. [Citation.] The parent need not be dangerous and the minor need not have been actually harmed before removal is…