In Re James B.

The order declaring James B. (Jimmy) a minor of the juvenile court under Welfare and Institutions Code section 300, subdivision (d) and removing him from the custody of his parents Virginia and James B. arose out of his near death condition when his parents presented him for care at Balboa Naval Hospital where he underwent emergency surgery for a subdural hematoma. His parents appeal the order. We affirm.

Factual and Procedural Background

The focus of the issues at trial and also on appeal is the cause of Jimmy’s critical condition. The parents, Virginia and James, testified Jimmy fell out of bed approximately 40 to 45 hours before he fell into a coma. They testified this fall was aggravated by a second fall from a height of approximately 24 inches off a couch one hour before Jimmy arrived at the hospital. His parents offered the expert testimony of a pediatrics neurologist that Jimmy’s condition could have been caused by a fall from his bed. The San Diego County Department of Social Services offered expert testimony that Jimmy’s condition could not have been caused by such a fall. They also relied upon reports submitted by other doctors and the child abuse committee…