Los Angeles County Department of Children & Family Services v. Alma C.
202 Cal. App. 4th 968
| Cal. Ct. App. | 2011Background
- Ashley B. is made a dependent child under Welfare and Institutions Code section 360(d) following a section 300 petition.
- The petition alleged a detrimental home environment and endangerment due to parental abuse, neglect, and domestic violence, including events surrounding Jose’s death.
- Jose, Ashley’s half-sibling, died at about three months old; coroner ruled death as sudden unexplained infant death with possible, but not proven, external causes.
- DCFS investigated and found issues such as a broken crib, bedding nest, and noncompliance with medical sleep-back instructions for Jose.
- The juvenile court sustained counts a-2 and b-5, and found by preponderance of the evidence that there was substantial danger if returned home; it also sustained count j-1 regarding Ashley.
- Mother appealed the jurisdictional finding under count j-1 but not the, or other, sustained counts; the court affirmed the jurisdiction under multiple grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does j-1 require a predicate finding on Jose’s sibling? | Chavez contends a predicate finding on Jose is required. | The defense argues a separate predicate is mandatory for j-1. | No express predicate required; implied finding suffices. |
| Is there substantial evidence for the court’s implied finding under j-1? | Mother asserts Jose’s death was SUID with no abuse/neglect by her. | Court properly inferred abuse/neglect from parents’ conduct and sleeping arrangements. | Yes; substantial evidence supports implied finding under (a) or (b). |
Key Cases Cited
- In re Alexis E., 171 Cal.App.4th 438 (Cal. Ct. App. 2009) (one valid jurisdictional ground suffices; need not consider others)
- In re Elijah S., 125 Cal.App.4th 1532 (Cal. Ct. App. 2005) (implied findings when sibling is deceased)
- In re Jonathan B., 5 Cal.App.4th 873 (Cal. Ct. App. 1992) (affirming jurisdiction on any supportable ground)
- In re Joshua J., 39 Cal.App.4th 984 (Cal. Ct. App. 1995) (two elements of §300(j): sibling abuse/neglect and risk to the minor)
- In re Janet T., 93 Cal.App.4th 377 (Cal. Ct. App. 2001) (sibling abuse finding under j must be considered in context)