Los Angeles County Department of Public Social Services v. Johnnie B.

Good Law
157 Cal. Rptr. 280·1979 Cal. App. LEXIS 1990·95 Cal. App. 3d 593
Court of Appeal of CaliforniaJuly 30, 1979Civ. No. 55193California2,335 words

Opinion

Lead Opinion

Stephens, J.

*596 Opinion

The Los Angeles County Department of Public Social Services (DPSS) appeals the dismissal of its petition in a dependency proceeding.

On February 10, 1978, the DPSS filed a dependency petition in juvenile court alleging that the minor, La Shonda B., was a person described by Welfare and Institutions Code section 300, subdivisions (a) and (d). 1 The factual basis of the petition is not in dispute; the minor, a two-month-old baby girl, suffered multiple skull fractures when her mother kicked and stomped on her. The DPSS established a prima facie case for detention on February 15, and on March 1 the minor was released to her maternal grandmother. The minor’s mother was involuntarily detained at a state mental hospital at the time and throughout the following proceedings, although she was released on an “out order” to personally attend the adjudication hearings in June, July and November. All parties—the minor, mother, father, maternal grandmother and DPSS—were represented by counsel at the adjudication hearings. On July 6 the court signed findings that, inter alia, the father was able to care for the child, was employed, had a stable residence, and proper day-care…

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