In re Samantha S. CA2/4
B312095
| Cal. Ct. App. | Mar 8, 2022Background:
- Mother (Erica P.) and father have a longstanding history of domestic violence; father was criminally convicted for spousal battery/corporal injury and a 2014 dependency was sustained on similar facts.
- Mother reconciled with father after the prior case, they lived together again, and had a third child (Juan); father repeatedly had access to the children despite prior family-law restrictions.
- In September 2020 father, reportedly using drugs, bit daughter Samantha; father also displayed other violent and erratic behavior around the family.
- Mother tested positive for methamphetamine on September 23, 2020, later admitted relapse in mid‑2020, but otherwise engaged in treatment and tested negative later; DCFS filed a 10‑count section 300 petition alleging failure to protect and parental substance abuse.
- Juvenile court sustained section 300 grounds (failure to protect/domestic violence and mother’s history/current methamphetamine use) and ordered services; mother appealed jurisdictional and disposition findings; removal orders were later terminated and children returned to mother.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was substantial evidence mother failed to protect children from father (domestic violence) | DCFS: mother reconciled with an abusive father, allowed him access despite history and a prior court order, culminating in father biting Samantha — risk to children supports jurisdiction | Mother: historical events and past issues do not show current risk or nexus to present circumstances; challenge sufficiency | Court: Sustained — substantial evidence supports failure to protect given repeated violence, reconciliation with abuser, prior dependency, and child injury |
| Whether mother’s history/current methamphetamine use posed a current risk to the children | DCFS: mother relapsed in May–Sept 2020, tested positive, and relapse coincided with father’s violent conduct; denial of use and prior removals make relapse a current risk | Mother: she made progress in treatment, tested negative later, and substance abuse did not present a current risk at hearing | Court: Sustained — relapse, positive test, timing of child injury, and lack of candor supported finding of current risk |
| Justiciability of mother’s appeal given jurisdiction based on father | Mother sought review of her own findings; DCFS/respondent relied on father’s sustained finding to challenge appealability | Mother argued her individual findings should be reviewed because they could affect future proceedings and dispositional consequences | Court: Exercised discretion to reach merits because mother’s findings could have future consequences despite an independent jurisdictional basis against father |
Key Cases Cited
- In re Alysha S., 51 Cal.App.4th 393 (Cal. Ct. App. 1996) (jurisdictional finding against one parent binds both because jurisdiction attaches to the child)
- In re M.W., 238 Cal.App.4th 1444 (Cal. Ct. App. 2015) (single sustaining finding can render other challenges moot; appellate discretion)
- In re Drake M., 211 Cal.App.4th 754 (Cal. Ct. App. 2012) (appellate courts may review otherwise moot parental challenges when consequences may follow)
- In re V.L., 54 Cal.App.5th 147 (Cal. Ct. App. 2020) (cycle of parental violence can constitute failure to protect)
- In re Laura F., 33 Cal.3d 826 (Cal. 1983) (past parental behavior informs future risk to children)
- In re Ma.V., 64 Cal.App.5th 11 (Cal. Ct. App. 2021) (distinguishable where mother ended relationship after isolated incidents)
- Jonathan B., 235 Cal.App.4th 115 (Cal. Ct. App. 2015) (distinguishable where domestic incidents were isolated and widely separated)
- In re J.C., 233 Cal.App.4th 1 (Cal. Ct. App. 2014) (short period of sobriety does not eliminate risk of relapse for dependency analysis)
- In re Kadence P., 241 Cal.App.4th 1376 (Cal. Ct. App. 2015) (parent’s history of illicit drug use can place a child at substantial risk even before actual harm)
- In re Christopher R., 225 Cal.App.4th 1210 (Cal. Ct. App. 2014) (substance abuse by a parent of a young child is prima facie evidence of inability to provide regular care)