California, United States of America
The following excerpt is from L. A. Cnty. Dep't of Children & Family Servs. v. R.V. (In re A.V.), B281004 (Cal. App. 2017):
The same evidence justified the juvenile court's decision to remove the children from her custody. While the juvenile court's decision to remove children from a parent's home must be supported by clear and convincing evidence, that "is not a standard for appellate review. (Crail v. Blakely (1973) 8 Cal.3d 744, 750 . . . .) The substantial evidence rule applies no matter what the standard of proof at trial. 'Thus, on appeal from a judgment required to be based upon clear and convincing evidence, "the clear and convincing test disappears . . . [and] the usual rule of conflicting evidence is applied, giving full effect to the respondent's evidence, however slight, and disregarding the appellant's evidence, however strong."'" (In re E.B. (2010) 184 Cal.App.4th 568, 578.) In the two months between the detention hearing and the contested jurisdiction/disposition hearing, mother obtained a domestic violence protective order and
Page 8
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.