Los Angeles County Department of Children & Family Services v. Tiffany M.

The Los Angeles County Department of Children and Family Services (Department) appeals an order finding that Tiffany M.’s infant daughter, E. H., was not described by Welfare and Institutions Code 1 section 300, subdivision (e), 2 because the identity of the person who caused her injuries (numerous broken bones) could not be established as required by the statute. The dependency court sustained allegations under section 300, subdivisions (a), (b), (j). On appeal, the Department argues that the language of subdivision (e) only requires that the identity of the person need be known where it is someone other than the child’s parent who is the abuser. 3

Factual Background and Procedural History

Tiffany is the mother of E., bom in June 2001. On September 14, 2001, E. was taken to the doctor with a swollen right thigh. E. was hospitalized with multiple rib fractures, fractures of the wrist, femur, feet, hands, and hip. The fractures were at different stages of healing and ranged from one to six weeks old. On September 20, 2001, the Department filed a Welfare and Institutions Code section 300 petition, alleging serious physical harm, failure to protect, severe physical abuse…