In re Nicholas E.

The Los Angeles County Department of Children and Family Services (Department) filed a petition in juvenile dependency court alleging that four minors were at risk of physical harm and emotional damage due to their mother’s conduct. Mother moved to dismiss the petition because she and father are already litigating the custody of-the kids in family court. May the juvenile court dismiss the petition on the basis of the pending family court case without giving the Department the opportunity to prove risk? We have jurisdiction to answer this question, and conclude that dismissal was improper.

FACTUAL AND PROCEDURAL BACKGROUND

Susan E. (mother) and Brian E. (father) have four children: Nicolas E. (bom 2001), twins Lauren and Sarah (bom 2004), and Zachary (born 2007). In 2013, the Department filed a petition asking the juvenile court to assert dependency jurisdiction over all four children on the ground that mother had engaged in conduct placing the children’s physical and emotional health at risk, as contemplated by Welfare & Institutions Code section 300, subdivisions (b) and (c). More specifically, the petition alleged that mother had regularly complained (or prompted…