In re Nicholas E.
Annotate this CaseThe Los Angeles County Department of Children and Family Services filed a petition, alleging that four minors were at risk of physical harm and emotional damage due to their mother’s conduct. The petition stated that mother had regularly complained (or prompted others to complain) that father physically or sexually abused the children, that these complaints were false, and that mother’s conduct subjected the children to repeated sexual assault examinations and law enforcement interviews, all of which had severe negative consequences on the children: All four had expressed suicidal thoughts; two were placed in involuntary mental health holds; one had gained 40 pounds; and all four were chronically absent from, or tardy to, school. Mother moved to dismiss the petition because she and father are already litigating custody in family court. The trial court granted the motion. The court of appeal reversed, stating that to rob the Department of its chance to prove its allegations is to elevate judicial economy above the protection of children, in contravention of the Legislature’s express declaration that dependency jurisdiction be construed broadly.
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