Los Angeles County Department of Children & Family Services v. Shirley S.
230 Cal. App. 4th 73
| Cal. Ct. App. | 2014Background
- Mother and adoptive father adopted Francisco and his sister Fabiola in 2010; Fabiola died in 2013 after severe illness; DCFS filed a section 300 petition alleging Mother’s medical neglect of Fabiola and risk to Francisco under (b) and (j); DCFS detained Francisco due to concern over Mother’s judgment and Francisco’s autism; DCFS investigated 28 referrals of abuse by Mother and confirmed abuse with statements from Fabiola, Miracle, and family; evidence showed verbal, physical abuse and unsanitary living conditions, and history of abandoning and abusing other foster children; at March 2013 DCFS removed an infant from Mother’s home and warned of ongoing abuse patterns; ICWA facts stated Francisco had no Indian heritage and was not a member or biological child of a member; the juvenile court found jurisdiction under §300(j), found substantial danger if Francisco remained, and ordered removal; ICWA was found inapplicable as Francisco is not an Indian child and has no tribal connection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jurisdiction over Francisco was properly based on §300(j). | Mother contends no jurisdiction under (j) existed. | DCFS argues substantial evidence shows sibling abuse and substantial risk to Francisco. | Yes; substantial evidence supports §300(j) jurisdiction. |
| Whether the dispositional removal was appropriate under §361(c). | Mother argues no current substantial risk and no need to remove. | DCFS maintains substantial danger to Francisco if returned, with no responsible adult guardian. | Yes; removal warranted to protect Francisco. |
| Whether ICWA applies in Francisco’s case. | Mother asserts ICWA applies due to possible Cherokee heritage. | Francisco is not a member or biological child of a member of an Indian tribe; ICWA does not apply. | ICWA does not apply. |
Key Cases Cited
- In re I.J., 56 Cal.4th 766 (Cal. 2013) (expands §300(j) to consider totality of sibling abuse and risk to child)
- In re Petra B., 216 Cal.App.3d 1163 (Cal. App. 1989) (recognizes court may consider past events in §300(j) analysis)
- In re T.W., 214 Cal.App.4th 1154 (Cal. App. 2013) (removal proper if substantial danger exists and no reasonable protection alternatives)
- In re R.C., 210 Cal.App.4th 930 (Cal. App. 2012) (substantial evidence standard for dependency findings)
- Los Angeles County Dept. of Children & Family Services v. Superior Court, 215 Cal.App.4th 962 (Cal. App. 2013) (standard for reviewing jurisdictional and dispositional order)