Justia California Supreme Court Opinion Summaries

Defendant (Father) was the father of two daughters and three sons. The juvenile court found that Father sexually abused one of his daughters, I.J., over a three-year period, but there was no evidence or claim that Father sexually abused or otherwise mistreated his three sons. The juvenile court then declared all the children dependents of the court. The court of appeal held that the evidence was sufficient to support the juvenile court's declaration of I.J. and her sister to be dependents of the court but divided on the question of whether the abuse also warranted the court's further declaring I.J.'s brothers to be dependents of the court. At issue before the Supreme Court was whether Father's sexual abuse of I.J. supported a determination that his sons were juvenile court dependents when there was no evidence that Father sexually abused or otherwise mistreated the boys and the boys were unaware of their sister's abuse before this proceeding began. The Supreme Court affirmed, holding that when a father severely sexually abuses his own child, the juvenile court may assume jurisdiction over, and take steps to protect, the child's siblings. View "In re I.J." on Justia Law

In this case Father's two young children were adjudged juvenile court dependents, in part because of findings under Cal. Code Welf. & Inst. 300(f), which allows an initial adjudication of dependency if a child's parent caused the death of another child through abuse or neglect. These findings were based on evidence that, in violation of law, Father transported his third child, an eighteen-month-old daughter, in an automobile without securing her in a child safety seat, and she was fatally injured when another vehicle collided with their car. The court of appeal affirmed the juvenile court's judgment. The Supreme Court affirmed, holding (1) section 300(f) does not limit is application to criminal negligence but allows the juvenile court to adjudge a child a dependent if the court finds that the want of ordinary care by the child's parent or guardian caused another child's death; (2) the juvenile court may adjudicate dependence under section 300(f) without any additional evidence or finding that the circumstances surrounding the parent's or guardian's fatal negligence indicate a present risk of harm to surviving children in the parent's or guardian's custody; and (3) the normal concepts of legal causation apply under section 300(f). View "Los Angeles Dep't of Children & Family Servs." on Justia Law

This case stemmed from a petition concerning placement of K.C., the youngest of eight children born to father (appellant) and mother, and the judgment terminating the parental rights of father and mother. At issue was whether father, who did not challenge the termination of his parental rights, had standing to appeal an order entered at the same hearing denying a petition by the dependent child's grandparents to have the child placed with them. The court held that a parent's appeal from a judgment terminating parental rights conferred standing to appeal an order concerning the dependent child's placement only if the placement order's reversal advanced the parent's argument against terminating parental rights. Therefore, the court held that the father did not have standing to challenge the order concerning placement where father had no remaining, legally cognizable interest in K.C's affairs, including his placement, because father did not appeal the judgment terminating his parental rights. View "In re K.C." on Justia Law