In re L.W. CA6

Good Law
Court of Appeal of CaliforniaAugust 29, 2016H043388California1,809 words

Opinion

Opinion

Premo, J.

I. FACTUAL AND PROCEDURAL BACKGROUND

On November 9, 2015, the Department filed a juvenile dependency petition on behalf of minor, alleging both a failure to protect (§ 300, subd. (b)) and serious emotional damage (§ 300, subd. (c)). The petition included the following facts relating to father. Father has “possible mental health issues [which] render[] him unable to supervise or protect the minor adequately from the conduct of her mother . . . . [Father] lives in the family home and is aware of the conduct of the mother. [Father’s] failure to protect includes allowing [mother] to verbally and emotionally abuse their daughter . . . and stunt her emotional and developmental growth by treating [minor] like a three year old toddler. [Father’s] inability to be protective places his daughter . . . at substantial risk of serious physical harm.” With respect to mother, under section 300, subdivision (c), the petition alleged minor was at risk of emotional harm due to: (1) mother’s “focus[] and preoccup[ation] with” minor’s food intake which “has contributed significantly to [minor]’s development of disordered eating patterns”; (2) mother shaming minor in front of others “calling her…

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