Los Angeles County Department of Children & Family Services v. Patricia D.

The juvenile court asserted dependency jurisdiction over an incorrigible teenager, 17-year-old Precious D., under Welfare and Institutions Code section 300, subdivision (b), and removed her from the custody of her mother, Patricia D. (Mother). 1

In this case of first impression, we address the issue of whether the provision of section 300(b) providing for jurisdiction based on the parent’s “inability ... to adequately supervise or protect the child” requires that the parent be unfit or neglectful in causing serious physical harm to the child or a *1254 risk of such harm. We hold that, in light of the dependency statutory scheme and federal due process principles, parental unfitness or neglectful conduct must be shown in order to assert dependency court jurisdiction under that part of section 300(b) providing for jurisdiction based on the parent’s “inability .. . to adequately supervise or protect the child.” Because there was insufficient evidence of both unfitness and neglectful conduct in this case, we reverse the jurisdiction and disposition orders.

BACKGROUND

Precious D., bom in August 1992, lived with Mother and Precious’s two half sisters, ages 14 and 8. Mother’s…