Los Angeles Cty. Dept. of Children & Family Servs. v. Sup. Ct. of the Cty. of Los Angeles

Good Law
1998 Cal. App. LEXIS 428·63 Cal. App. 2d 1299·63 Cal. App. 4th 1299·74 Cal. Rptr. 2d 618·98 Daily Journal DAR 5077
Court of Appeal of CaliforniaMay 14, 1998B116813California1,966 words

Opinion

Opinion

Neal, J.

Summary

This case concerns whether a dependent infant should be returned to the custody of his criminally insane parents, one of whom killed a prior child. Without receiving or weighing expert evidence, and based solely on a caseworker’s summary description of experts’ opinions, the trial court ordered that the parents have unmonitored visits with the child. This order was not supported by a preponderance of evidence, and accordingly was erroneous.

Facts and Procedural History

The dependent child, Victor, was bom in December 1996 to Rosa A., his mother, and Juan S., his father.

In February 1997 the department of children and family services petitioned the trial court under the Welfare and Institutions Code for an order “detaining” Victor, that is, temporarily removing him from his parents’ custody. The petition alleged in summary that in 1985 Juan stabbed a woman with a knife in a hospital emergency room during an acute psychotic episode; Juan was prosecuted, but found not guilty by reason of insanity; in 1986 Rosa stabbed a daughter to death; Rosa was prosecuted but found not guilty by reason of insanity; both Rosa and Juan were sent to Patton State Hospital, a…

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