In re A.Z.

Full title: In re A.Z., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY…

Court: California Court of Appeals, Fourth District, First Division

Date published: Oct 27, 2009

No. D054920 (Cal. Ct. App. Oct. 27, 2009)

Opinion

In re A.Z., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. JORGE Z., Defendant and Appellant. D054920 California Court of Appeal, Fourth District, First Division October 27, 2009

NOT TO BE PUBLISHED

Super. Ct. No. EJ2548D

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

McCONNELL, P. J.

THE COURT:

It is ordered that the opinion filed herein on October 1, 2009, be modified to delete the following quoted text on page 12, first paragraph following II Disposition:

"The jurisdictional findings are prima facie evidence that the child cannot safely remain in the home. (§ 361, subd. (c)(1).)"

The paragraph now reads:

"Even though children may be dependents of the juvenile court, they shall not be removed from the home in which they are residing at the time of the petition unless there is clear and convincing evidence of a substantial danger to the child's physical health, safety, protection, or physical or emotional well-being and there are no 'reasonable means' by which the child can be protected without removal." (In re Henry v. (2004) 119 Cal.App.4th 522, 528; § 361, subd. (c).) "The parent need not be dangerous and the child need not have been actually harmed for removal to be appropriate. The focus of the statute is on averting harm to the child. [Citations.] In this regard, the court may consider the parent's past conduct as well as present circumstances." (In re Cole C. (2009) 174 Cal.App.4th 900, 917.)

There is no change in judgment.

The petition for rehearing is denied. Justices McConnell and Huffman concur inthe denial; Justice McIntyre would grant.