San Diego County Health & Human Services Agency v. Darnell H.
212 Cal. App. 4th 718
Cal. Ct. App.2013Background
- Juvenile court assumed jurisdiction under W&I Code §300(a) based on risk of serious physical harm to Marquis, not direct abuse of Marquis.
- Grandparents Darnell H. and R.H. had previously abused Marquis’s siblings L.M. (age 13) and T.S. (age 9) in the same home.
- Amended petition alleged severe abuse of L.M. and T.S. by both parents; Marquis was in their care at the time.
- Evidence showed L.M. and T.S. suffered extensive injuries with patterns indicating intentional harm by grandparents; Marquis observed and participated at times.
- Court found substantial risk to Marquis from the parents’ abusive behavior toward the grandchildren and potential future harm if custody continued.
- Proceedings continued to disposition; jurisdiction remained based on risk to Marquis from parental conduct in the home.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §300(a) permit jurisdiction based on abuse of non-sibling children in the home? | L.M. and T.S. show risk; siblings not required. | Statute limited to described scenarios in second sentence. | Yes; statute may apply beyond explicit second-sentence scenarios. |
| Is there substantial evidence supporting jurisdiction under §300(a) based on the grandparents’ abuse of L.M. and T.S. and its correlation to Marquis’s risk? | Evidence of ongoing abuse and exposure to abuse supports risk to Marquis. | Marquis was not personally abused; some argue lack of direct abuse. | Yes; record shows substantial evidence of risk to Marquis from parents’ conduct toward others in home. |
| Was the appeal moot after termination of dependency jurisdiction, and should the statutory interpretation issue be reviewed anyway? | Issue merits review despite mootness. | Mootness should bar review absent jurisdictional error. | Not moot for this statutory interpretation issue; review retained. |
Key Cases Cited
- In re Lana S., 207 Cal.App.4th 94 (Cal.App.4th 2012) (broad discretion to assess risk under §300(a))
- In re Y.G., 175 Cal.App.4th 109 (Cal.App.4th 2009) (abuse of unrelated child may prove parental characteristics risk to child)
- In re Giovanni F., 184 Cal.App.4th 594 (Cal.App.4th 2010) (domestic violence context supports §300(a) jurisdiction)
- In re Marilyn H., 5 Cal.4th 295 (Cal.4th 1993) (purpose of dependency protections; safety and well-being goal)
- In re Maria R., 185 Cal.App.4th 48 (Cal.App.4th 2010) (limits of evidence on sibling sexual abuse; context for abuse risk analysis)