Los Angeles County Department of Children & Family Services v. Guadalupe E.
Opinion
Lead Opinion
Zelon, J.
The Los Angeles County Department of Children and Family Services appeals the dismissal of a Welfare and Institutions Code section 300 petition with respect to the child Roberto C. After a two-day evidentiary hearing, the juvenile court determined that the evidence was insufficient to sustain the petition. Finding no abuse of discretion, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On September 23, 2011, while in the care of his babysitter, then nine-month-old Roberto C. fell unconscious. The paramedics were called, and transported him to Harbor-UCLA Medical Center; a referral for neglect was made.
*1244 On September 30, 2011, while Roberto remained hospitalized, the Los Angeles County Department of Children and Family Services (DCFS) filed an application for an order of removal from the parents. The application cited medical conclusions that the child had suffered a brain bleed and that nonaccidental trauma was possible. The application also referred to mother’s prior history with DCFS in 1998. Shaken baby syndrome was suspected, and the social worker concluded that “the act leading up to the injury most likely occurred while the child was in the care, custody and…