In a published opinion, the Fourth District Court of Appeal, Division Two, returned four children to the custody of their mother.
The court ruled that San Bernardino Superior Judge Cara Hutson improperly found that the mother had a history of mental health problems and engagement in domestic violence when deciding that the children should be put under county care.
The San Bernardino County Children and Family Services Department (CFS) filed for custody in August, arguing that the mother should have known about the father’s history of alcohol abuse, and that she had mental health problems that limited her ability to provide care.
Hutson found no evidence that the mother
