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Case Summaries

Family Law

[09/02] In re Jose C.
Juvenile court's order terminating mother's parental rights and freeing the child for adoption is affirmed where: 1) trial court did not err in finding that the child was likely to be adopted; and 2) juvenile court did not err in failing to consider "presumed father" status for the grandfather.

[09/02] In re H.S.
Juvenile court's orders adjudicating minors to be dependent children and removing them from parental custody are affirmed as the tern "new evidence" in section 388 means material evidence that, with due diligence, the party could not have presented at the dependency proceeding at which the order, sought to be modified or set aside, was entered, and here, the father's section 388 motion relied on a expert opinion that was based not on any new evidence, but on the same evidence available to the experts who testified at trial. Further, to allow the belated new opinion evidence to support a section 388 motion would be contrary to the public policy calling for promptness and finality of juvenile dependency proceedings in order to protect the best interests of the child.

[09/02] In re A.L.
In dependency proceedings, trial court's dispositional order that minor child be returned to the custody of her mother and an order of family enhancement services is affirmed where: 1) because parental custody of the child was not disrupted by the dispositional order, and the child was not placed in foster care, there is no current need to "reunify" this family; and 2) father has made no showing that the "family enhancement" services ordered for him were not reasonable or did not constitute child welfare services or services provided by an appropriate agency.

[08/31] In re A.M.
An order declaring a father's minor children dependents of the juvenile court under Welfare and Institutions Code section 300(f) is affirmed where: 1) substantial evidence supports the court's section 300(f) jurisdictional finding that the father caused the death of a minor child through neglect; and 2) after considering all of the evidence and having the opportunity to observe the demeanor of witnesses, the juvenile court was in the best position to make the credibility findings concerning the father's statements.

[08/30] In re R.R.
In dependency proceedings, juvenile court's order declaring petitioner-father's daughter a person described by Welfare and Institutions Code section 300(b) based on the father's past and current drug use, is affirmed where: 1) the juvenile court did not err in denying father's motion to quash subpoena of his hospitalization; 2) any error in not hearing the motion to quash was harmless because as a matter of substantive law the motion would have been denied as father's hospital records were admissible; 3) father's claim that his right to privacy was violated by dissemination of his medical records is rejected; 4) substantial evidence supported the finding that the daughter was a person described by section 300; and 5) juvenile court did not abuse its discretion by ordering monitored visits.

[08/24] Karpenko v. Leendertz
In a child custody dispute, a grant of a mother's petition for the child's return under the Hague Convention of the Civil Aspects of International Child Abduction is affirmed and the minor child's immediate return to her mother in the Netherlands is ordered where: 1) the district court's findings of fact were not clearly erroneous; and 2) the application of the unclean hands doctrine would undermine the Hague Convention's goal of protecting the well-being of the child, of restoring the status quo before the child's abduction, and of ensuring that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.

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