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In re H.K., B242800

The juvenile court's order denying minor's request to be placed with C.K., her adult half-sibling who lives in Arizona is affirmed, where: 1) C.K. has a 1995 Oregon conviction of first degree manslaughter, which is equivalent to a conviction of voluntary manslaughter in California; 2) California law prohibits placement of a child in the home of any person, including a relative, who previously has been convicted of violent offenses including murder and voluntary manslaughter; 3) H.K. does not have a fundamental right to be placed with C.K.; and 4) the restriction on the placement passes constitutional muster under the rational relationship test as it is logically related to the protection of children in foster care, which is a compelling state interest.

Appellate Information

  • Decided 07/18/2013
  • Published 07/18/2013




  • California Court of Appeal


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