Los Angeles County Department of Children & Family Services v. Rodrigo C.
210 Cal. App. 4th 930
| Cal. Ct. App. | 2012Background
- Father appeals from the juvenile court's jurisdictional and dispositional orders involving three children: R.C. (9), Michelle (6), and Stephanie (3).
- The department sought jurisdiction under Welfare and Institutions Code section 300, subdivision (b) based on two domestic-violence incidents between the parents and ongoing risk to the children.
- The January 13, 2012 incident featured the father choking, punching, and threatening the mother, with threats to kill and to harm a male companion; Stephanie witnessed part of it.
- An earlier October 2011 incident involved the father grabbing the mother’s chest and leaving a red mark; it formed part of the history of violence in the household.
- The court detained the children, issued restraining orders, and ultimately sustained the section 300 petition, placing the children with the mother and ordering services for both parents; the father challenged on appeal.
- The trial court affirmed jurisdiction and disposition, and the dispositional order included a three-year restraining order and required programs for the father.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under §300(b) based on domestic violence | Cites ongoing risk from father's violence. | Argues no ongoing risk; reliance on self-defense and non-exposure of children. | Substantial evidence supports continued jurisdiction under §300(b). |
| Effect of presence of Stephanie at the January 13 incident | Stephanie witnessed the violence and was affected. | Stephanie’s reaction not indicative of ongoing risk. | Evidence shows risk to children and corroborates jurisdictional finding. |
Key Cases Cited
- In re E.B., 184 Cal.App.4th 568 (Cal.App.4th 2010) (domestic violence supports jurisdiction under §300(b))
- In re Heather A., 52 Cal.App.4th 183 (Cal.App.4th 1996) (domestic violence in same household endangers children)
- In re J.N., 181 Cal.App.4th 1010 (Cal.App.4th 2010) (reverses where no ongoing risk or significant exposure to violence)
- In re Daisy H., 192 Cal.App.4th 713 (Cal.App.4th 2011) (requires ongoing risk and direct impact on child for §300(b))
- In re Veronica G., 157 Cal.App.4th 179 (Cal.App.4th 2007) (causation and substantial risk standards for §300(b))