San Diego County Health & Human Services Agency v. Mary M.

Bad Law
134 Cal. Rptr. 3d 664·2011 Cal. App. LEXIS 1625·202 Cal. App. 4th 237
Court of Appeal of CaliforniaDecember 22, 2011No. D059706California3,824 words

Opinion

Lead Opinion

McConnell, J.

*240 Opinion

Mary M. and Paul S. appeal the juvenile court’s jurisdiction and disposition findings under Welfare and Institutions Code section 300, subdivision (b). 1 They challenge the sufficiency of the evidence to show their daughter, A.S., was at substantial risk of harm, and that removal from the home was the only reasonable means of protecting her. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Because of the parents’ work schedules, they left A.S. at the home of the paternal grandfather (the grandfather) and the paternal great-aunt (the aunt) between Tuesdays and Thursdays. On a Wednesday in March 2011, the grandfather, who had been home alone with eight-month-old A.S., took her to a hospital. When she arrived, she was limp, pale, and nonresponsive. CPR was administered and she was transferred to Rady Children’s Hospital, where testing “showed presence of a right subdural hematoma which was mixed density, acute or acute and chronic,” and bilateral retinal hemorrhages “most consistent with subacute.”

The parents told the attending physician, Marilyn Kaufhold, that A.S. was healthy when they left her with the grandfather the previous day and they were unaware…

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