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Name: In re A.J.
Case #: G044595
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/27/2011

There was sufficient evidence of the risk of emotional damage where mother used police to try to remove the minor from father’s care. The minor was detained when mother made false allegations against father that he kidnapped and molested the minor, and that he had pushed her out of a moving car. She obtained a restraining order based on false information and attempted to have police officers remove the minor from father’s home. Following a hearing on 300 (b,(c), and (g) petitions, the court found the petitions true, removed the minor from mother, ordered full custody to father, and dismissed jurisdiction. On appeal, mother challenged the sufficiency of evidence to support the petitions. The appellate court rejected the argument, finding that mother’s relentless and unreformed behavior caused the minor to suffer emotional damage and placed her at risk of further serious emotional harm. Mother’s attempt to have the police remove the minor was a traumatic ordeal. The minor’s nightmares, fear of mother, and belief that mother was crazy demonstrated that she had suffered emotional damage.