29 Cited authorities

In re Heather A.
52 Cal.App.4th 183 (Cal. Ct. App. 1996) Cited 1,118 times
Holding that a parent's failure to protect a child from exposure to domestic violence "is neglect; it is a failure to protect [the child] from the substantial risk of encountering the violence and suffering serious physical harm or illness from it. Such neglect causes the risk."
In re Kristin H.
46 Cal.App.4th 1635 (Cal. Ct. App. 1996) Cited 837 times
Finding a mother's suicide attempt posed a risk of harm to her young child
In re R.V.
208 Cal.App.4th 837 (Cal. Ct. App. 2012) Cited 289 times
Upholding finding the son was a court dependent when the son had witnessed some of the sexual abuse
In re R.C.
210 Cal.App.4th 930 (Cal. Ct. App. 2012) Cited 280 times
Finding substantial evidence that the father's violence was ongoing in part because "[t]his case does not involve a single act which endangers a child" but instead "involves two separate acts of domestic violence," one of which occurred "in the presence of one of the children"
In re Luke M.
107 Cal.App.4th 1412 (Cal. Ct. App. 2003) Cited 370 times
Affirming detriment finding that moving children out of state with noncustodial father would have "devastating emotional impact"
In re Jason L.
222 Cal.App.3d 1206 (Cal. Ct. App. 1990) Cited 495 times
Concluding that the father was not prejudiced by the court's failure to make factual findings to support the removal, where the court's disposition order was supported by clear and convincing evidence
In re P.A.
144 Cal.App.4th 1339 (Cal. Ct. App. 2006) Cited 252 times
Holding that even if section 355.1, subdivision (d)’s presumption is "not triggered" in a particular case, "it nonetheless evinces a legislative determination" that a child may be exposed to a substantial risk of harm if the circumstances enumerated under that provision are deemed to exist
In re Jonathan B.
5 Cal.App.4th 873 (Cal. Ct. App. 1992) Cited 378 times
Describing facts of Carmaleta B.
In re Maria R.
185 Cal.App.4th 48 (Cal. Ct. App. 2010) Cited 200 times
Holding that “the phrase ‘sexual abuse’ for purposes of section 300 ... does not include in its enumerated offenses the collateral damage to a child that might result from the family's or child's reaction to a sexual assault on the child's sibling”
In re Ashley B.
202 Cal.App.4th 968 (Cal. Ct. App. 2011) Cited 160 times
In Ashley B., one-month-old Jose died, while sleeping in the same bed as his father, his mother, and his sister, Ashley.

IN RE I.J.

29 Cited authorities

Holding that a parent's failure to protect a child from exposure to domestic violence "is neglect; it is a failure to protect [the child] from the substantial risk of encountering the violence and suffering serious physical harm or illness from it. Such neglect causes the risk."

Finding a mother's suicide attempt posed a risk of harm to her young child

Upholding finding the son was a court dependent when the son had witnessed some of the sexual abuse

Finding substantial evidence that the father's violence was ongoing in part because "[t]his case does not involve a single act which endangers a child" but instead "involves two separate acts of domestic violence," one of which occurred "in the presence of one of the children"

Affirming detriment finding that moving children out of state with noncustodial father would have "devastating emotional impact"

Concluding that the father was not prejudiced by the court's failure to make factual findings to support the removal, where the court's disposition order was supported by clear and convincing evidence

Holding that even if section 355.1, subdivision (d)’s presumption is "not triggered" in a particular case, "it nonetheless evinces a legislative determination" that a child may be exposed to a substantial risk of harm if the circumstances enumerated under that provision are deemed to exist

Describing facts of Carmaleta B.

Holding that “the phrase ‘sexual abuse’ for purposes of section 300 ... does not include in its enumerated offenses the collateral damage to a child that might result from the family's or child's reaction to a sexual assault on the child's sibling”

In Ashley B., one-month-old Jose died, while sleeping in the same bed as his father, his mother, and his sister, Ashley.