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Name: In re Daisy H.
Case #: B223698
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 02/08/2011
Summary

Dependency jurisdiction was reversed where there was insufficient evidence of risk of physical harm to the minors. A section 300, subdivisions (a) and (b) petition was sustained primarily because the father made derogatory statements to the children about their mother, and called her names. There was no evidence that the father had been abusive to, or made threats to, the children. Prior acts of domestic violence alleged were not alleged to have occurred in front of the children, and occurred years before the filing of the petition. On appeal, the father argued that there was insufficient evidence that the minors were at risk of physical harm. The appellate court agreed and reversed. There was no evidence that the children were exposed to past violence between the parents, and no evidence of ongoing violence. As to the name-calling, no provision allows dependency jurisdiction based on “emotional harm.” There was no evidence linking the father’s behavior to a risk of physical harm to the children. On the contrary, the department conceded that the minors appeared to be healthy and not suffering any physical harm.