Los Angeles County Department of Children v. Superior Court
215 Cal. App. 4th 962
| Cal. Ct. App. | 2013Background
- DCFS filed a section 300 petition on behalf of N.C. and K.R. after N.C. disclosed years of sexual abuse by her father, including instances occurring when K.R. was present.
- N.C. reported the abuse began when she was seven or eight and continued until about age 12; the abuse occurred while the mother was at work and K.R. was in the home.
- The juvenile court found a prima facie case and removed the children from the father, with monitored visits for the father and no contact with N.C.
- N.C. disclosed the abuse to the mother when she was around 13; the mother admitted some protective measures but remained with the father for economic reasons for a time.
- The court dismissed the petition as to K.R., concluding the abuse six years earlier did not put K.R. at risk and that N.C.’s disclosure occurred long ago; DCFS sought relief through a writ.
- The court ultimately held that the risk to K.R. existed and issued a peremptory writ directing the petition be sustained as to K.R.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal as to K.R. was proper | DCFS argues abuse of N.C. shows risk to K.R. | Respondent Juvenile Court found insufficient evidence of risk to K.R. | Dismissal improper; jurisdiction should be sustained for K.R. |
| Whether sexual abuse of one child supports risk to another child in the household | Abuse of N.C. establishes substantial risk to K.R., including same-sex/different-age siblings | Time since last abuse and current circumstances negate risk | Abuse of one child constitutes substantial risk to siblings in the household |
| Standard of review for juvenile court jurisdiction | Evidence should be weighed under substantial evidence preponderance standard | Trial court’s factual findings should be given deference when supported by evidence | Court applies substantial evidence review and nevertheless finds error in dismissal |
Key Cases Cited
- In re Andy G., 183 Cal.App.4th 1405 (Cal. Ct. App. 2010) (abuse to one child supports risk to siblings in household)
- In re P.A., 144 Cal.App.4th 1339 (Cal. Ct. App. 2006) (abuse of daughter may indicate risk to younger brothers; supports protective order)
- In re Karen R., 95 Cal.App.4th 84 (Cal. Ct. App. 2001) (rape of daughter could show risk to both male and female siblings)
- In re Rubisela E., 85 Cal.App.4th 177 (Cal. Ct. App. 2000) (sexual abuse of elder child supports risk to younger sibling)
- In re Joshua J., 39 Cal.App.4th 984 (Cal. Ct. App. 1995) (father’s abuse of one child indicates risk to newborn sibling)
- In re Dorothy I., 162 Cal.App.3d 1154 (Cal. Ct. App. 1984) (jurisdiction based on abuse of half sister; patterns of abuse extend to others)
- In re Marianne R., 113 Cal.App.3d 423 (Cal. Ct. App. 1980) (evidence of abuse admissible in dependency proceedings involving related children)
- In re Ana C., 204 Cal.App.4th 1317 (Cal. Ct. App. 2012) (aberrant conduct by a parent can place siblings at risk in home)
- In re Ricky T., 214 Cal.App.4th 515 (Cal. Ct. App. 2013) (aberrant parental behavior can extend risk to other grandchildren or family members)