Jurisdictional Hearings

Domestic violence, when committed in the presence of the minor, is a sufficient basis for jurisdiction pursuant to section 300, subdivision (a). Minor was removed from Father and released to Mother following a domestic violence incident where Father accidentally struck Minor while Mother was holding him in her arms. Father appealed and the reviewing court affirmed. Section 300, subdivision (a) requires that a parent’s harmful act be “nonaccidental.” Here, Father intentionally struck at Mother, but accidentally hit Minor. The intentional act of domestic violence, in the presence of Minor, is sufficient for jurisdiction pursuant to section 300, subdivision (a).
Justice…

Welfare and Institutions Code section 300, subdivision (e) is applicable only where a child is under the age of five at the time of the jurisdiction hearing. Minor was detained from Guardian based on physical abuse and mistreatment that occurred when he was four years old. A petition was filed which included an allegation under section 300(e) which pertains to abuse of children under five years old. By the time of the jurisdiction hearing, Minor had turned five. The juvenile court found true the section 300, subdivision (e) allegations, among other allegations. Guardian appealed and the reviewing court reversed. For…

Juvenile court erred in dismissing jurisdiction where the evidence compelled a finding, as a matter of law, that Minors were at risk for malnutrition. A petition was filed for O.M. and his younger sibling after O.M. was hospitalized for a broken femur. At the hospital, O.M was also treated for malnutrition as his weight was less than 1% on the growth charts. Mother testified at the jurisdiction hearing that the family followed a vegan diet but she understood that she needed to feed O.M more calories. Mother also expressed that O.M. was a picky eater and that she still didn’t…

Juvenile court did not err in dismissing petition where a single lapse of parents’ judgment did not compel a finding of risk of harm to Minor. The 10-month old minor was detained from Father and released to Mother after a car accident where Father was driving while Mother and Minor were in the back seat and Minor was in mother’s lap and not a car seat. Both parents were under the influence of alcohol. Both Mother and Minor suffered injuries as a result of the accident, but Minor was not severely injured. At the jurisdiction hearing, the juvenile court dismissed…

Section 300, subdivision (g) jurisdiction is proper where an incarcerated parent suggests only unsuitable caregivers for their child. Minor was detained after Mother was killed and Father’s whereabouts were unknown. Minor had not had contact with Father in over three years. Father was located in prison and expressed a desire to reunify with Minor. Father recommended his mother or brother as potential placements for Minor. The Agency determined paternal grandmother was an unsuitable placement and paternal uncle never responded to any Agency phone calls. The juvenile court found true the section 300, subdivision (g) jurisdictional allegation and Father appealed. The…

Substantial evidence supported the section 300, subdivision (d) finding, despite recantation by Minor. The Agency became involved with the family after 11-year-old Minor reported sexual abuse by her stepfather beginning when she was six years old. Minor and two younger half-siblings were removed from stepfather and remained in the home with Mother. Mother and extended family did not believe stepfather had abused Minor. After a conversation with an aunt, where the aunt suggested Minor may have dreamed the abuse occurred, Minor recanted. Nevertheless, the juvenile court found jurisdiction pursuant to subdivision (d). Stepfather appealed and the reviewing court affirmed. On…