In a recent appeals decision Re B.T., 2011 DJDAR 3931, the court found that the trial court error-ed in granting the minor father full custody of the child because the allegations that mother posed a substantial risk of harm to the child were purely speculative. Mother had sexual intercourse with father who was a minor. Mother was married and has three other children. When the baby was born Orange County Social Services Agency detained the baby and mother’s three other children based on a risk of sexual abuse and neglect and gave the minor father custody of the baby. Mother appealed and the Appellate court found that there was no basis for jurisdiction of the baby. The court found that there was no evidence at all of any past abuse of her other there children or the baby. The SSA focused on the fact that mother had sexual intercourse with a minor and not on how she raised her children. The baby was healthy and there had never been any past allegations of abuse as to her other children. Records of mothers visit demonstrated that she was a loving and experience mother, and no evidence that the baby suffered any harm or illness at all while in mother’s care. At the jurisdictional hearing there must be a showing that at the time of the jurisdictional hearing, the child is at substantial risk of serious physical harm in the future. Even though mother exhibited poor judgment by having sexual intercourse with a minor, there was no evidence of abuse. Therefore, the appellate court reversed.
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