In re M.M. CA2/1

BACKGROUND

Father and I.M. (Mother) (collectively Parents) have been in a custody battle since 2006. During Parents’ battle, the Department of Children and Family Services (DCFS) received 10 reports regarding Children’s welfare. After the tenth report, DCFS filed a dependency petition on July 1, 2015, under Welfare and Institutions Code section 300, subdivision (c), alleging Parents emotionally abused Children by repeatedly and unnecessarily embroiling them in Parents’ custody battle.1 On September 11, 2015, DCFS amended the petition to include a subdivision (b) allegation based on the same facts as in the subdivision (c) allegation. DCFS later filed a second amended complaint, adding a second subdivision (b) allegation, asserting Parents’ accusations against each other during the custody dispute endangered Children’s physical health and safety. During the combined jurisdiction and disposition hearing on October 23, 2015, DCFS requested the juvenile court strike the first subdivision (b) allegation and the subdivision (c) allegation based on the same facts that Parents emotionally abused Children by harmfully involving them in Parents’ custody dispute. The court indicated it…