California Court of Appeals, Second District, First Division
In re I.I. et al., Persons Coming Under the Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent,
M.I., Defendant and Appellant I.I. et al., Minors, Respondents.
from an order of the Superior Court of Los Angeles County,
No. 19CCJP01193 Martha A. Matthews, Judge.
Turkat Schirn, under appointment by the Court of Appeal, for
Defendant and Appellant M.I.
C. Wickham, County Counsel, Kristine P. Miles, Assistant
County Counsel, and Sarah Vesecky, Deputy County Counsel, for
Plaintiff and Respondent Los Angeles County Department of
Children and Family Services.
Gold, under appointment by the Court of Appeal, for
Respondents I.I. and M.I., Jr., Minors.
ROTHSCHILD, P. J.
M.I. (Father) challenges the juvenile court's
jurisdictional order and findings that his children, I.I.
(born in 2016) and M.I., Jr. (born in 2017) (the Minors), are
persons described by Welfare and Institutions Code section
300, subdivision (f),  based on the juvenile court's
previously sustained petition finding that the Minors'
mother, R.R. (Mother), and Father caused the death of a child
through abuse or neglect. Father argues that, because the
court found there was no current risk to the children, the
court erred in finding that the Minors were persons described
under section 300, subdivision (f). As we explain, the court
is required to sustain a petition and assert jurisdiction if
the facts described in section 300, subdivision (f) exist.
And because it was uncontroverted that, in the earlier case,
the juvenile court had found Mother and Father caused the
death of their child through abuse or neglect, the court did
not err in asserting jurisdiction here. Accordingly, we
AND PROCEDURAL BACKGROUND
family consisted of Father, Mother, the Minors, the
Minors' siblings (twins Ad.R. and A.R. (born in 2010)
(collectively the twins)) and the Minors' half siblings,
R.V. (born in 2006), S.V. (born in 2007), and S.R. (born in
Prior Child Welfare History
summer of 2010, Mother gave birth to the twins. In November
2010, Los Angeles County Department of Children and Family
Services (DCFS) received a referral that Mother had taken the
four month-old twins to the hospital and that medical
personnel had determined they were suffering from injuries
consistent with Shaken Baby Syndrome. DCFS investigated and
filed a juvenile dependency petition on behalf of the twins
and their half siblings, R.V. and S.R., under section 300,
subdivisions (b), (e), and (f), alleging that the twins were
suffering from severe brain injuries consistent with
nonaccidental trauma and that all four children were at
substantial risk of harm based on the twins' injuries.
Twin Ad.R. died in 2011 as a result of his injuries.
court detained the children from the parents. The court
subsequently sustained the petition, continued the foster
care placement of the twin, A.R., and ordered reunification
services for the family. Mother and Father failed to reunify
with A.R. In 2014, their parental rights to A.R. were
terminated, and the foster parents adopted A.R.
parents ended their relationship. Thereafter, Mother had a
relationship with another man, which resulted in the birth of
half sibling, S.R., in 2013. Mother and Father subsequently
reunited, and the Minors, I.I. in 2016 and M.I. in 2017, were
born as a result of that relationship. The parents, the
Minors, and half sibling S.R. lived together. Half siblings
R.V. and S.V. periodically stayed with them.
November 28, 2018, the family came to the attention of DCFS
again when DCFS received a referral alleging that Mother took
two-year-old I.I. to the emergency room because she had a
vaginal rash. Although the examining physician suspected that
the child had vaginal herpes and thus was a possible victim
of sexual abuse, subsequent examinations revealed that a
yeast infection caused the rash and that the child had no
signs of ...