Riverside County Department of Public Social Services v. Coralee T.

Good Law
1996 Cal. App. LEXIS 344·44 Cal. App. 4th 763·52 Cal. Rptr. 2d 170·96 Daily Journal DAR 4466·96 Cal. Daily Op. Serv. 2709
Court of Appeal of CaliforniaApril 17, 1996No. E015548California2,926 words

Opinion

Lead Opinion

Richli, J.

In this juvenile dependency proceeding, the juvenile court dismissed two successive petitions alleging that Daniel P. (Dan P.) had sexually abused his daughter, Lauren P. Each time, the juvenile court found insufficient evidence of the alleged sexual abuse. Coralee T., Lauren’s mother, appeals from the dismissal of the second petition. The department of public social services (DPSS), although it did not itself appeal, supports Coralee’s position. Both Dan and Lauren do not; they urge us to affirm.

Initially, we questioned the appealability of the dismissal order. In the published portion of this opinion, however, we hold that the order was indeed appealable, and that Coralee is sufficiently aggrieved by it to have standing. In the unpublished portion, we hold that dismissal of the petition is supported by substantial evidence. Hence, we will affirm.

I

Procedural Background

On February 15, 1994, DPSS filed a juvenile dependency petition with respect to Lauren. As against Dan, it alleged sexual abuse (Welf. & Inst. Code, § 300, subd. (d)); as against Coralee, it alleged failure to supervise and protect (Welf. & Inst. Code, § 300, subd. (b))—specifically, that Coralee…

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