In re Andrew S.
Annotate this CaseFather appealed the juvenile court's jurisdiction finding pursuant to Welfare and Institutions Code section 300, subdivision (b), that he failed to provide his two children with the necessities of life, placing them at substantial risk of serious physical harm or illness. Father also appealed the juvenile court's disposition order of the same date removing the children from his and their mother's custody and ordering them suitably placed pursuant to section 361, subdivision (c). The court reversed the jurisdiction finding and removal order as to Father and remanded for the juvenile court to reconsider Father's request for custody of the children under the proper standard for noncustodial parents (section 361.2) and in light of Father's and the children's then-current circumstances. On remand, the juvenile court must also reconsider its determination that the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. 1901 et seq., does not apply in this case.
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