CHILDREN AND THE LAW
...Dependency Petitions
......Dispositional Hearing
.........Noncustodial Parent Available
 21 Cards On This Topic:
  • Removal of child from one parent when noncustodial parent available.
  • W&IC §300(b) jurisdiction finding for incarcerated F's failure to provide and removal order reversed and case remanded for consideration of F's request for custody under standard for noncustodial parents in W&IC §361.2.
  • No abuse of discretion in placing 7-yr.-old with his out-of-state nonoffending, noncustodial biological F as mother failed to show there was no sufficiently substantial evidence to support the order.
  • There is no requirement that a noncustodial parent must be "nonoffending" to be considered for placement under W&IC §361.2.
  • When a minor is placed with a previously noncustodial parent at disposition per W&IC 361.2, a reasonable services finding need not be made at subsequent hearings monitoring that placement.
  • Reversible error to deny F reunification as C's absence did not determine F's legal entitlement to services; harmless error not to apply W&IC 361.2 to F's custody request as court could not determine detriment to absent C.
  • Court erred by finding troubled teen's placement with nonoffending Navy father would be detrimental where Agency did not prove detriment by clear and convincing evidence.
  • Reversal required where juvenile court denied noncustodial F's custody request without making express finding of detriment per W&IC 361.2(c) or considering statute's requirements.
  • Juvenile court not required to consider placing C with mother where she was not a nonoffending parent per W&IC 361 (c), and where custody had previously been removed on finding of non-alleviated risk.
  • If noncustodial incarcerated parent seeks custody, court must determine whether this would be detrimental to C's safety, protection, or physical or emotional well-being in light of parent's ability to arrange appropriate care.
  • Court erred in making clear and convincing finding that nonoffending parent failed to show he could protect C from future physical harm and, as an incarcerated parent, he was unable to arrange for suitable care.
  • W&IC 361.2(a) requires court place C in temporary physical custody of nonoffending noncustodial parent if not detrimental to C, but court may not terminate jurisdiction until it analyzes whether ongoing supervision is necessary.
  • Noncustodial parent seeking custody after C removed from custody of predependency guardian has standing to request contested dispositional hearing and to appear, to be heard, and to present evidence.
  • Wrong statute used to deny placement with noncustodial father; finding of detriment must be supported by clear and convincing evidence-will not be implied.
  • No due process violation in placing M with non-offending father in Minn. without contested hearing: Father had equal custodial rights and evidence of suitability sufficient.
  • Court erred in not placing Ms with previously noncustodial father solely because he was unemployed and had no separate residence.
  • When petition sustained against custodial parent, noncustodial parent must be given custody, unless detrimental to minor.
  • Juvenile court may exercise jurisdiction over child even if one acceptable parent available.
  • Juvenile court jurisdiction depends upon welfare of minor, not fault or lack of fault of one parent. Parent must go to extraordinary lengths to protect minor.
  • Dependency may be established where minor abused by either parent, even if nonoffending parent available.
  • Cases discussing various issues re placing dependent minors with nonoffending parents.


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