Los Angeles County Department of Children & Family Services v. Superior Court

INTRODUCTION

The juvenile court dismissed with prejudice a dependency petition seeking to have Cesar G. declared a dependent of the juvenile court on the ground, inter alia, 20-month-old Jasmine G. died while in the custody of Cesar’s *16 father, Jaime A. (Welf. & Inst. Code, § 300.) 1 The Los Angeles County Department of Children and Family Services (the Department) seeks a writ of mandate to set aside the juvenile court’s dismissal order. We conclude the court erred in declining to take jurisdiction over Cesar under section 300, subdivision (f). Accordingly, we grant the petition for writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

1. The section 300 petition

The Department alleged among other things that Cesar G. (then two months old) was at risk because on August 8, 2009, then 20-month-old Jasmine G. (the toddler) died from dehydration and internal bleeding from a fractured liver as the result of blunt abdominal trauma sustained while she was under the supervision of Cesar’s father, Jaime A., and Cesar’s half sister, Jocelyn G. The toddler’s death is being investigated as a murder. The Department alleged that Jaime caused the toddler’s death through abuse or…