Juveniles court's judgment ordering three minor children returned home to the care and custody of their mother on a case plan of family maintenance services, and removal from the physical custody of their father on a case plan of family reunification services, is reversed where: 1) the evidence was not sufficient to establish that the children were at substantial risk of serious physical injury as the result of parental inability to adequately supervise or protect the child; and 2) the evidence did not support a finding that each child was within the jurisdiction of the juvenile court under section 300(b).
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Filed February 4, 2010
Opinion by Judge Elia
For Appellant: Sheri Cohen, Roland Simoncini
For Appellee: Miguel Marquez, Acting County Counsel, Santa Clara County, and Harrison Taylor, Deputy County Counsel