San Diego County Health & Human Services Agency v. Christopher T.

Bad Law
151 Cal. Rptr. 3d 1·2012 Cal. App. LEXIS 1287·212 Cal. App. 4th 139
Court of Appeal of CaliforniaNovember 26, 2012No. D062087California3,273 words

Opinion

Lead Opinion

Nares, J.

Christopher T. and Samantha T. are the parents of Hailey T. and Nathan T., who were adjudicated as dependents of the juvenile court under Welfare and Institutions Code section 300, subdivisions (a) and (j). 1 The parents appeal the dispositional order under section 361, subdivision (c)(1), removing the older child from their custody, contending the evidence was insufficient to support the removal order, and there were reasonable alternatives short of removal to protect the child.

*142 FACTS

On February 14, 2012, the maternal grandmother watched Hailey, then three years old, and Nathan, then four months old, while both parents were at work. Christopher returned home from work at around 4:30 p.m. and relieved the maternal grandmother. Christopher put Nathan down for a nap and cared for Hailey until Samantha arrived home at 6:30 p.m. after work and grocery shopping. Christopher went outside to work on his car. As Samantha was putting away groceries, she heard Nathan crying and noticed his right eye was red, but did not think anything was “out of the ordinary.” Samantha put Nathan in an electric swing in the playroom, and left him and Hailey watching television while she…

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