ALLEN M. v. Superior Court

Good Law
1992 Cal. App. LEXIS 651·6 Cal. App. 4th 1069·8 Cal. Rptr. 2d 259·92 Daily Journal DAR 6906·92 Cal. Daily Op. Serv. 4363
Court of Appeal of CaliforniaMay 21, 1992D016356California2,108 words

Opinion

Opinion

Benke, J.

The question presented in this case is whether the Department of Social Services has an absolute right to dismiss a dependency petition over the objection of the minor. We conclude that in such circumstances, the juvenile court must determine whether dismissal is in the interests of justice and the welfare of the minor. Accordingly, we deny the father’s petition seeking extraordinary relief. The stay of proceedings is vacated upon issuance of the remittitur.

Factual and Procedural Background

On January 24, 1992, the Department of Social Services (Department) filed a petition pursuant to Welfare and Institutions Code section 300, subdivision (d) alleging Allen M. sexually abused his three-year-old daughter, Estelle B. Jurisdiction over Allen’s two-year-old daughter, Taquietta M., was based upon the abuse of her sister. (§ 300, subd. (j).) The court detained the girls outside the home, ordering liberal visitation for their mother, Jeanette B., and no contact for Allen.

The Department again petitioned on February 26. This second petition was also filed pursuant to section 300, subdivision (b), alleging the girls were at risk because they were exposed to violent physical…

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