Los Angeles County v. David H.
192 Cal. App. 4th 713
| Cal. Ct. App. | 2011Background
- Two weeks after a mediated custody plan, DCFS received an anonymous report alleging emotional abuse by Father toward three children: Stacey, Daisy, and David.
- The petition was amended to include Welfare and Institutions Code section 300(a) (serious physical harm), (b) (failure to protect), and (c) (serious emotional damage).
- The court sustained the (a) allegation based on past hair-pulling and choking of Mother and a threat to kill Mother; they also sustained (b) based on domestic violence and alleged mental/emotional problems affecting care, including derogatory statements about the mother.
- The court found no evidence that the children suffered or were at risk of serious emotional damage, and it found insufficient evidence for (c).
- After jurisdictional findings, the court ordered Daisy and David with Mother, required counseling for the children, and ordered Father to undergo psychiatric evaluation if recommended by his therapist.
- While Father timely appealed, the court later terminated dependency jurisdiction and awarded joint custody per a dissolution mediation; the appellate review remains relevant because erroneous findings could affect future proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was jurisdiction under (a) for serious physical harm. | Father. | Father. | Jurisdiction improper under (a). |
| Whether there was jurisdiction under (b) for risk of physical harm from ongoing domestic violence. | Father. | Father. | Jurisdiction improper under (b); violence occurred years earlier and was not ongoing. |
| Whether some findings relied on emotional harm under (a)/(b). | Father. | Father. | Emotional harm is not a basis for (a) or (b); improper to base jurisdiction on emotional harm. |
| Whether evidence linking Father's mental/emotional problems to risk of harm supported jurisdiction under (b). | Father. | Father. | Insufficient evidence that mental/emotional problems endangered the children; reversed. |
Key Cases Cited
- In re Janet T., 93 Cal.App.4th 377 (2001) (ongoing or continuing violence required to support (b))
- In re Heather A., 52 Cal.App.4th 183 (1996) (physical violence long past cannot support current jurisdiction)
- In re Janet I, 93 Cal.App.4th 390 (1994) (mental disturbances must link to risk of harm to child)
- In re Joshua C., 24 Cal.App.4th 1544 (1994) (authoritative warning about terminating jurisdiction and its consequences)