In re Damonte A

In In re Damonte A. (1997) 57 Cal.App.4th 894, the juvenile court declared the minors dependents, removed them from the physical custody of their parents, placed them in the care and custody of the department of health and human services, and temporarily placed them in the mother's home, from which they had been removed. The Court of Appeal held the removal order was invalid because, pursuant to statute, if removal was ordered the minors must be placed in an appropriate home other than that of the parent who had custody at the time the petition was filed. ( Id. at p. 899.) The court therefore remanded the case for a new dispositional hearing. ( Id. at p. 900.)