Merced Cty. Human Serv. Agency v. Michelle H.
Opinion
Lead Opinion
Thaxter, J.
The question presented here is whether a parent has a right under Welfare and Institutions Code section 350, subdivision (c) 1 (hereafter section 350(c)) to present evidence in support of a dependency petition when the county human services agency and counsel for the minor agree the *958 petition should be dismissed for lack of evidence. We conclude the parent does not have such right under the facts of this case.
Factual and Procedural Background
On December 5, 1995, the Merced County Human Services Agency (Agency) filed a petition pursuant to section 300, subdivision (d) alleging that Casey H. sexually abused his six-year-old son, Eric. The Agency investigated the allegations and concluded Eric’s reports were suspect. Eric’s parents, Casey and Michelle, were divorced and had battled over custody in the preceding months. Eric had been living with Michelle with regular visits to Casey. During the custody proceedings, Michelle and Eric accused Casey of physically abusing Eric. The court appointed Dr. Robert Suiter, a clinical psychologist, to evaluate the parties.
After a two-day trial and review of Dr. Suiter’s report, the family law court concluded Eric was not a…