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Name: In re Savannah M.
Case #: D045713
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/16/2005

The parents were drinking beer with an acquaintance, David, in their home, and left David with the minors while they went to the store. Upon return, they saw David changing the diaper of Savannah, one of the minors. David denied “messing” with Savannah. The parents later left again, leaving the minors with David. Upon return, they caught David sexually abusing Savannah. They threw David out and called the police. They subsequently sought counseling. The juvenile court found true a section 300(b) petition. The appellate court reversed the order and remanded. The evidence did not show that David’s conduct should have caused the parents to reasonably foresee that David would sexually abuse Savannah. The juvenile court could not reasonably have found the parents to be negligent. The question under section 300 is whether the circumstances at the time of the hearing subjected the child to a risk of harm. There was no evidence here to show that Savannah was at risk of future harm because she was placed in the care of a custodian who would sexually abuse her.