Los Angeles County Department of Children & Family Services v. Daisy C.

INTRODUCTION

On this appeal, Daisy C. (Mother) challenges the trial court’s order adjudging her two-year-old daughter Y.G. a dependent child as described in Welfare and Institutions Code section 300, subdivision (b). 1 In relevant part, subdivision (b) permits the juvenile court to exercise jurisdiction over a child if “there is a substantial risk that the child will suffer . . . serious physical harm or illness ... as a result of the failure or inability of. . . her parent. . . to adequately supervise or protect the child . . . .” (§ 300, subd. (b).) In this case, Department’s 2 petition relied solely upon allegations that Mother had physically abused an unrelated child (Jocelyn G.), who is the same age as Y.G., to support its claim that Y.G. was at substantial risk of serious physical harm from Mother. Mother contends that the statutory language does not permit the juvenile court to consider a parent’s misconduct with an unrelated child in determining a subdivision (b) allegation. We disagree and therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Department’s section 300 petition relied upon a subdivision (b) “failure to protect” claim to assert jurisdiction. The…