In re Yolanda L.
Annotate this CaseAfter the juvenile court found by clear and convincing evidence that there was a substantial danger to the children and no reasonable means to protect them other than removal from father's custody, the juvenile court ordered the children removed only from father and remain placed with mother. Father was also ordered to participate in random, on-demand drug testing and to participate in a parenting program, as well as individual counseling. The court concluded that there was substantial evidence for the juvenile court to infer that father's negligent conduct - possessing a loaded gun in an accessible location and possessing methamphetamine in his car - was likely to recur and did not represent a momentary lapse in judgment. Under Michael S., the court concluded that the juvenile court could reasonably conclude that it was appropriate to remove the children only from father and allow them to remain with mother. In this case, there was substantial evidence that mother was unaware of father's negligent conduct, and once made aware of it, was committed to doing what was necessary to protect the children from such conduct in the future. Accordingly, the court affirmed the dispositional orders.
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