San Diego County Department of Social Services v. Philip B.

In this case we reject dicta in our opinion in In re Brendan P. (1986) 184 Cal.App.3d 910 [ 230 Cal.Rptr. 720 ], and hold a juvenile court is not collaterally estopped from the reconsideration of custody issues already decided in family court. In the unpublished portion of the opinion we remand for reconsideration of the dependency order.

Facts and Background

On March 12, 1991, the San Diego County Department of Social Services (Department) filed a Welfare and Institutions Code 2 section 300, subdivision (d), petition as to Desiree (age five) alleging the child had suffered from *288 chlamydia, that on or about March 2, 1989, she had a thickened and eroded hymenal edge consistent with trauma resulting from digital penetration, and finally that between November 1988 and February 2, 1991, Philip B. had digitally penetrated Desiree’s vagina and anus and placed his mouth on her breasts. A sibling petition was filed pursuant to section 300, subdivisions (d) and (j), on March 12, 1991, as to Heather (age two).

Philip B. and Alice F. lived together from July 1984 until April 1988 and are the parents of Desiree and Heather. In March 1987, Alice took Desiree to a hospital in…