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State Courts -
California - June 3, 2009
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Brandon S. v. State of California ex rel. Foster Family Home & Small Family Home Insurance Fund, B196249,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, June 3, 2009, Filed
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Overview: Because Health & Saf. Code, ? 1527.3, subd. (a), precluded the liability of the Foster Family Home and Small Family Home Insurance Fund for losses caused by criminal acts, whether committed by the foster parent or a third party, the Fund was not liable to a foster child who had been sexually molested by his foster mother's stepson.
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In re Carlos T., B207604,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, June 3, 2009, Filed
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Overview: On a subsequent dependency petition under Welf. & Inst. Code, ? 342, there was a risk of future abuse, even though parent was incarcerated on charges from prior petition, because conviction was subject to appeal. Failure to acknowledge abuse suggested that if convictions were reversed, and in the absence of intervention, the abuse would resume.
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In re S.B., B210101,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, June 3, 2009, Filed
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Overview: Where proper notice was given under ICWA, 25 U.S.C. ? 1901 et seq., to all appropriate tribes and no tribe sought to intervene trial court properly reinstated its order terminating parental rights of a mother and father as to youngest child. A social worker certified she sent notice, and obviously nine tribes that responded each received notice.
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Johnson v. Arvin-Edison Water Storage Dist., F056201,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, June 3, 2009, Filed
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Overview: Water district was not required to provide overtime and meal breaks under Lab. Code, ?? 510, 512, because those provisions did not expressly include public entities and their application to the district would infringe upon its sovereign powers, including the power to set employees' compensation under Wat. Code, ?? 39059, 43152, subd. (c).
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People v. Gerold, E045848,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 3, 2009, Filed
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Overview: Defendant was not entitled to have his arrest records for certain crimes expunged pursuant to Pen. Code, ? 851.8, where he was not factually innocent of those crimes. While defendant was determined not to have been sufficiently mentally competent to sustain punishment for his acts, that determination did not equate with factual innocence.
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