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Name: In re Ethan C.
Case #: B219894
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 09/24/2010
Subsequent History: rev. granted 12/21/10 (S187587)
Summary

Criminal negligence was not required in order to support the petition where a minor, unsecured in a car seat, died in an accident. Father drove his toddler daughter without securing her in a car seat. She was thrown from the car in an accident and died. Father’s remaining two children were detained and a petition was sustained. Father appealed, contending that there was insufficient evidence for jurisdiction because although he failed to secure the minor in a car seat, his negligence did not rise to the level of criminal negligence required by Welfare and Institutions Code section 300, subdivision (f). The appellate court rejected the argument. There is no support for the contention that section 300, subdivision (f) requires criminal neglect. Further, there was sufficient evidence to support the section 300, subdivision (b) allegation due to the historical domestic violence between the parents and the mother’s cognitive impairments.