California Court of Appeal

Juvenile court's jurisdiction and disposition orders removing a minor from her mother's custody is reversed as, in light of the dependency statutory scheme and federal due process principles, parental unfitness or neglectful conduct must be shown in order to assert dependency court jurisdiction under that part of section 300(b) providing for jurisdiction based on the parent's inability to adequately supervise or protect the child, and here, there was insufficient evidence of both unfitness and neglectful conduct in this case.

Appellate Information

• Decided 11/08/2010
• Published 11/08/2010

Judges

• MALLANO

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John Cahill, Andrea Sheridan Ordin