California Court of Appeal

Juvenile court's judgment declaring a father's minor son a dependent child of the court based in part on a finding against the father under Welfare and Institutions Code section 300(b) and ordering the child place with his maternal grandmother is reversed and remanded as, to establish dependency jurisdiction under section 300(b), DCFS must establish by a preponderance of the evidence proof of past harm or substantial risk of future harm to the child, and here, the juvenile court's conclusion that dependency jurisdiction exists based on the allegation against the father under section 300(b) is not supported by substantial evidence.

Appellate Information

• Decided 12/13/2010
• Published 12/13/2010

Judges

• ROTHSCHILD

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Nancy Rabin Brucker, Andrea Sheridan Ordin