The juvenile court is given broad discretion in determining the sufficiency of evidence to establish the court’s jurisdiction over a minor under Welfare and Institutions Code Section 300(d). During the jurisdictional hearing, the trial court assumes the role of the jury in determining issues of facts and credibility of witnesses. Its ruling will not be disturbed on appeal even when the court finds substantial discrepancies in the evidence as to when the sexual abuse began and ended, where it occurred, and how often it happened.
Under Welfare and Institutions Code Section 300(d), a county’s Health and Human Services Agency may file a petition on behalf of a minor alleging that parents or other individuals who have physical custody of a child sexually molested him or her. To sustain such petitions filed by the Agency, the court must make an affirmative finding, by clear and convincing evidence, of the sexual molestation allegation. Once the court sustains the petition, it will establish its jurisdiction over a child, remove the victim from the family, and place him or her in foster care.
The court’s factual findings are difficult to reverse on appeal. The court may sustain a 300(d) petition relying primarily on the victim’s testimony that needs just a slight collaboration by other evidence presented to a judge at the hearing. Recently, the juvenile court sustained a 300(d) petition declaring a 15-year-old minor, whose name was kept confidential, a dependent of the juvenile court when it based its decision primarily on the minor’s own testimony. This decision was not reversed on appeal despite the fact that the court agreed with the father who cited various inconsistencies in the minor’s testimony.
It is essential to contact an experienced dependency law attorney who can provide clarity and quality representation in your family law matter. Wallin & Klarich offers an AV rated representation to parents in both dependency and delinquency matters. Call (888) 749-7428 to speak to a Wallin & Klarich family law attorney today. We will be there when you call.
