Guardianship of Saul H.
S271265
Supreme Court of California, Supreme Court · Filed
Published · citable
Holding
The court held that, under Code of Civil Procedure § 155 and the Welfare and Institutions Code, a California superior court must find that reunification with a parent is “not viable because of abuse, neglect, abandonment, or a similar basis” when the child demonstrates a substantial risk of serious physical harm resulting from the parent’s failure or inability to protect the child, and that the court must issue the SIJ predicate findings when the evidence— which may consist solely of the child’s declaration—supports those findings. Accordingly, the probate court’s denial of Saul’s petition was reversed and the matter remanded for issuance of the required findings. ---
Statutes construed
- CCP § 155
- EVID § 115
- FAM § 3020
- FAM § 3027
- FAM § 3042
- FAM § 3402
- FAM § 7822
- PEN § 271
- PROB § 1510.1
- PROB § 1513
- PROB § 1514
- WIC § 300
- WIC § 300.2
- WIC § 328