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Name: In re A.S.
Case #: D059706
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/22/2011
Summary

Court properly took jurisdiction of minor where parents could not be ruled out as perpetrators of injury. Parents left the minor, an eight-month-old infant in the care of paternal grandfather while they were at work. Grandfather took the minor to a hospital when she went limp and nonresponsive. Doctors concluded that she had sustained a head injury consistent with being shaken or slammed against a soft surface. They could not determine whether the injury had just recently occurred; it could have been up to a week old. Parents denied that the minor had any problems prior to leaving her with the grandfather. Grandfather denied dropping, shaking, or otherwise injuring her. The juvenile court sustained a 300, subdivision (b) petition, and parents appealed. The appellate court found sufficient evidence to support the juvenile court’s orders. The evidence amply supported a finding that the injuries were inflicted intentionally, and the parents could not be ruled out as perpetrators. The evidence supported a reasonable inference that one of the caretakers injured the minor. Further, given the severity of the injury and the young age of the minor, the court properly rejected alternatives to removal of the minor.