Santa Clara County Department of Family & Children's Services v. C.B.
195 Cal. App. 4th 1010
| Cal. Ct. App. | 2011Background
- June 26, 2010, fountain incident in Rose Garden Park where D.C. nearly drowned after mother allegedly pushed her into and held her underwater; witness observed and described two separate submersions and mother’s statements during the event.
- D.C. has cerebral palsy with right-side weakness and cognitive deficits; she was terrified of water.
- Mother has a history of mental illness and substance abuse; prior involvement with the Department in 1996 related to threats to kill herself and D.C.’s half-sibling.
- Department filed a petition under § 300(b) (failure to protect), (g) (no provision for support), and (i) (cruelty); Department did not recommend services or visitation while mother faced criminal charges.
- D.C. was removd from mother and placed with D.C.’s father; mother challenged only the § 300(i) direct-infliction cruelty finding; juvenile court sustained the petition as amended and ordered D.C. placed with father.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 300, subdivision (i) requires proof of intent to harm. | Mother contends no intent to harm—no malice proven. | Department argues direct-infliction does not require malice, only the act and its cruelty. | Direct-infliction does not require proof of intent to harm; evidence supports cruelty and jurisdiction under § 300(i). |
Key Cases Cited
- In re J.N., 181 Cal.App.4th 1010 (Cal. Ct. App. 2010) (substantial-evidence standard for jurisdictional findings in dependency cases)
- People v. Sargent, 19 Cal.4th 1206 (1999) (direct-infliction of child abuse requires actus reus; intent need not be proven for punishment; general intent suffices)
- In re Chantal S., 13 Cal.4th 196 (Cal. 1996) (definition of cruelty and standard for determining acts of cruelty in dependency context)
- In re Nolan W., 45 Cal.4th 1217 (Cal. 2009) (context for dependency proceedings and safeguarding children's welfare)
- In re Josiah Z., 36 Cal.4th 664 (Cal. 2005) (principles on protecting child welfare in dependency)
- In re Benjamin D., 227 Cal.App.3d 1464 (Cal. Ct. App. 1991) (acts of cruelty include intentional pain inflicted on child; supports broad understanding of cruelty)