L. A. Cnty. Dep't of Children & Family Servs. v. Charles B. (In re G.B.)
Opinion
Lead Opinion
Lavin, J.
*478 INTRODUCTION
The Department of Children and Family Services (Department) filed a dependency petition on G.B.'s behalf, alleging the child had been sexually abused by her mother's boyfriend, and that her mother, Vanessa W. (mother), had failed to protect her from the boyfriend's abuse. Charles B., G.B.'s father (father), was not named as an offending parent in the petition. After finding the allegations of sexual abuse and failure to protect untrue, the juvenile court, on its own motion, added three allegations against father for emotional abuse of the child because it believed father had coached G.B. to lie about mother's and the boyfriend's conduct. Those new allegations, however, were based on facts and a legal theory not at issue in the original petition. Father objected to the court amending the petition on its own motion, and the Department and G.B. opposed the court establishing dependency jurisdiction based on father's conduct. The court later sustained one of the allegations against father, declared G.B. a dependent of the court, and terminated dependency jurisdiction with a family law exit order granting mother sole physical custody of the child.