Los Angeles County Department of Children & Family Services v. Juan G.
7 Cal. App. 5th 987
| Cal. Ct. App. | 2017Background
- In Sept. 2015 a multi-agency task force stopped father leaving the family home and found 3 lbs. of methamphetamine in his truck; a search of the home revealed a loaded 9mm handgun in a hall closet accessible to the children. Law enforcement referred the matter to DCFS.
- Two children (ages 4 and 6 months) were taken into protective custody and released to mother; DCFS investigated and filed a section 300(b) dependency petition against father.
- Father admitted some involvement in transporting narcotics; mother denied knowledge of the drug activity and said she believed any firearm was locked away. Mother was found nonoffending and retained custody.
- At the jurisdiction hearing (no live testimony; reports admitted), the juvenile court sustained an amended section 300(b) petition based on (1) the accessible loaded firearm in the home and (2) father’s possession/transportation of large quantities of methamphetamine.
- On disposition the court removed the children from father (but not from mother), ordered monitored visits, and imposed services on father including random drug testing and counseling. Father appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported section 300(b) jurisdiction | Father: discovery was an isolated past event; no present risk at hearing five months later; law enforcement, not DCFS, should address criminal retaliation risk | DCFS: gun in child-accessible location plus father’s drug trafficking history created a substantial ongoing risk to children | Court: Affirmed. Substantial evidence supports jurisdiction based on accessible loaded firearm and father’s drug trafficking, and risk could reasonably be inferred to continue |
| Whether removal from father while leaving children with non-offending mother violated section 361(c) | Father: If nonoffending custodial parent can protect children, removal from parent is improper; thus children should not be removed from father while kept with mother | DCFS: Removal from offending parent while leaving children with nonoffending parent is a permissible, case-by-case option to protect children | Court: Affirmed. Removing children from only the offending parent and leaving them with the nonoffending parent was lawful and supported by evidence that mother could protect the children; prior cases cited by father were inapposite |
Key Cases Cited
- In re I.J., 56 Cal.4th 766 (standard of appellate review; fact/credibility deference)
- Kristin H. v. Superior Court, 46 Cal.App.4th 1635 (leaving drug paraphernalia within child’s reach supports section 300)
- Rocco M. v. Superior Court, 1 Cal.App.4th 814 (child’s access to illegal drugs/paraphernalia constitutes substantial risk)
- In re Michael S., 3 Cal.App.5th 977 (court may remove child from offending parent while leaving child with nonoffending parent)
- In re Damonte A., 57 Cal.App.4th 894 (distinguishable; does not bar removal from a single offending parent in all circumstances)
- People v. Glaser, 11 Cal.4th 354 (drug traffickers commonly keep guns; supports inference of dangerousness)
- People v. Bland, 10 Cal.4th 991 (guns associated with narcotics trade)
- In re Gabriel K., 203 Cal.App.4th 188 (parental lack of insight into danger relevant to risk of recurrence)