California Court of Appeal

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In re A.O., B218741

Juvenile court's order on a supplemental petition terminating a home of parent order and removing father's daughter from his care after his arrest and incarceration is affirmed where: 1) substantial evidence supports the juvenile court's finding that the previous home of parent order was no longer effective to protect the daughter; and 2) a basis to avoid the assertion of dependency court jurisdiction over a child under section 300(g) -- an incarcerated parent's making an appropriate arrangement for the care of the child by a relative or friend -- is inapplicable to a supplemental petition under section 387 because section 300(g) deals with the initial imposition of dependency court jurisdiction over a child, which is not at issue on a section 387 petition to terminate a home of parent order.

Appellate Information

  • Decided 05/28/2010
  • Published 05/28/2010

Judges

  • MALLANO, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Andre F.F. Toscano, under appointment by the Court of Appeal, for Defendant and Appellant., Robert E. Kalunian, Acting County Counsel, and Andrea Sheridan Ordin, County Counsel, James M. Owens, Assistant County Counsel, and Byron G. Shibata, Deputy County Counsel, for Plaintiff and Respondent.
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