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San Bernardino Superior Judge Lynn Poncin correctly handled a father’s requests for his children’s placement, the Court of Appeal ruled Oct. 12.

The father argued on appeal that Poncin mishandled his requests to place his two children with his brother after the court removed them from his and the children’s mother’s care. The court had found he had sexually abused his children, and that their mother knew about it.

The Court of Appeal found that the father missed his opportunity to question Poncin’s handling of his first two requests, because he did not raise objections against them before he appealed. His third request was sent through a court form, which Poncin denied.

The brother had reported he wanted to take care of only the father’s children, and was not interested in taking care of the father’s stepchildren. Poncin denied the request because the children stated they wanted to remain together.

San Bernardino Superior Court Case Nos. J281896 and J281897.

Court of Appeal Case No. E078404.

Joanne Willis Newton, under appointment, represented the father.

County Counsel Tom Bunton and Deputy County Counsel Svetlana Kauper represented San Bernardino County Children and Family Services.

Fourth District Court of Appeal, Division Two, Presiding Justice Manuel Ramirez wrote the opinion, which Associate Justices Douglas Miller and Richard Fields joined.

Read the opinion here.


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