CHILDREN AND THE LAW
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Dependency Petitions
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Dispositional Hearing
.........Dependency Without Removal
9 Cards On This Topic:
Dependency without removal
Juvenile court may make reasonable orders that will result in elimination of conditions that were grounds of petition under Welf. & Inst. Code §300; may join any agency which court determines has failed to meet obligation to provide services to child.
Court shall consider removing offending parent or guardian from home and allowing nonoffending parent or guardian to retain custody if s/he presents a acceptable plan to protect child from harm.
Dispositional order declaring child dependent but leaving in custody of parent(s).
As W&IC §361(c)(1) permits removal from just one "custodial" parent, juvenile court properly removed C from F's custody and ordered him to remain in mother's custody with restrictions on F's contacts.
As PF did not show "family enhancement" services were not "reasonable," or were not "child welfare services or services provided by an appropriate agency," he could not show error; as custody not disrupted, "reunification" not req'd.
Order requiring DCFS to make retroactive AFDC-FC payments to relative caregiver for detained Cs violated separation of powers; caregiver required to first exhaust administrative remedies.
Juvenile ct. erred in making nonstatutory disposition by placing Ms with DSS but detaining them with parents; authority cannot be conferred by consent.
Grant of right to "supervision of custody" to Child Protective Services is not "right of custody" so that subsequent taking of minor does not constitute violation of Pen. Code §278.5.