San Bernardino County Children & Family Services v. A.S.
228 Cal. App. 4th 1483
| Cal. Ct. App. | 2014Background
- Parents A.S. and P.B. appeal dependency jurisdiction over their children N.S. and J.S. and removal from custody.
- Detention in foster care followed reports of parental drug use, mother’s purported detox, father’s sex offender status, and a Kentucky sexual abuse conviction.
- Mother tested positive for marijuana; father admitted past drug use and a Kentucky second-degree sexual abuse conviction; mother and father had a history of domestic violence.
- Jurisdictional findings included mother’s substance abuse, mental health needs, and domestic violence; the court also found failure to protect against sexual abuse by the father, which the court later limited in disposition.
- Dispositional orders: mother to receive reunification services on certain grounds; father denied reunification services based on violent felony status and Adam Walsh Act implications; removal affirmed with modifications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was substantial evidence to support jurisdiction based on mother’s substance abuse. | Minors’ counsel argues abuse insufficient. | Mother contends no current abuse shown. | Yes, substantial evidence supported jurisdiction on substance abuse. |
| Whether there was substantial evidence to support jurisdiction based on mother’s failure to protect against sexual abuse by father. | Mother’s failure to protect supported by Kentucky conviction. | Sexual offense not proven to present current risk for minors. | No, jurisdiction based on failure to protect was not supported. |
| Whether removal was proper based on domestic violence and other grounds. | Removal justified by ongoing domestic violence and risk to children. | Removal not warranted by Basilio T. standard; insufficient direct harm. | Removal supported on domestic violence grounds and related risks. |
| Whether father could be denied reunification services based on foreign violent felony conviction. | Kentucky conviction qualifies as violent felony for denial. | Foreign conviction should not count without explicit reach. | Subdivision (b)(12) encompasses foreign convictions; reunification services denied. |
Key Cases Cited
- In re Drake M., 211 Cal.App.4th 766 (Cal. App. 4th Dist. 2012) (substantial evidence standard for jurisdictional abuse findings; substance abuse evidence)
- In re I.J., 56 Cal.4th 766 (Cal. 2013) (parental risk depends on total circumstances; sibling abuses relevant)
- In re Basilio T., 4 Cal.App.4th 151 (Cal. App. 4th Dist. 1992) (domestic violence alone may support removal when ongoing and in presence of children)
- People v. Hazelton, 14 Cal.4th 101 (Cal. 1996) (foreign convictions treated as qualifying prior offenses for penalties; third-strike analogy)
- In re J.I., 108 Cal.App.4th 903 (Cal. App. 4th Dist. 2003) (standard for reviewing dispositional findings; substantial evidence)
- In re A.A., 203 Cal.App.4th 597 (Cal. App. 4th Dist. 2012) (forfeiture of objection when not raised below; notice issues in 361.2)