Los Angeles County Department of Children's Services v. Teah W.

31 Cal. App. 4th 441, 37 Cal. Rptr. 2d 7, 1994 Cal. App. LEXIS 1315
CourtCalifornia Court of Appeal
DecidedDecember 2, 1994
DocketNo. B067651
StatusPublished
Cited by1 cases

This text of 31 Cal. App. 4th 441 (Los Angeles County Department of Children's Services v. Teah W.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Los Angeles County Department of Children's Services v. Teah W., 31 Cal. App. 4th 441, 37 Cal. Rptr. 2d 7, 1994 Cal. App. LEXIS 1315 (Cal. Ct. App. 1994).

Opinion

Opinion

MASTERSON, J.

The juvenile court sustained a petition filed pursuant to Welfare and Institutions Code1 section 300 and declared minors Katrina W. and Ryan W. (collectively the minors) to be dependents of the court. Teah W. (mother) and Timothy W. (father) appeal from an order entered following the ensuing disposition hearing. We affirm.

Background

Viewed in the light most favorable to the order under review (In re Bernadette C. (1982) 127 Cal.App.3d 618, 624 [179 Cal.Rptr. 688]), the evidence presented at the hearing showed the following. Katrina was bom on July 19, 1988, and Ryan was bom on January 19, 1991, when Katrina was two and one-half years old. On January 20, 1991, mother and father returned from the hospital with Ryan. That night, Katrina sustained an injury to her vaginal area. Since the bleeding stopped, mother and father decided not to call the hospital until the following morning.

When mother called the hospital, she was advised that, since Katrina was not experiencing pain, there was no reason to take her to the hospital. Later that day, mother noticed blood spots on Katrina’s underwear. Mother and father decided that mother should take Katrina to an urgent care facility while father babysat Ryan. The doctor who examined Katrina told mother that it appeared as though some form of sexual abuse had occurred. The doctor arranged for an appointment the following day with Dr. Paul Whyte, a psychologist. Dr. White interviewed Katrina, mother, and father. He concluded that Katrina had been sexually abused, and he reported the incident to the authorities.

Later that afternoon, Katrina, mother, and father were taken by members of the Los Angeles County Sheriff’s Department to Dr. Craig Clark, a psychologist. Dr. Clark concluded that Katrina had been sexually abused by father.

Deputy Sheriff Carlos Marquez interviewed mother and father. Mother stated that she had been in the kitchen at the time of Katrina’s injury. Father [445]*445stated that Katrina had been jumping on her bed when she fell on the floor. As father picked Katrina up from the floor, he noticed blood on his finger. He then corrected himself by saying, “no, no, no, on my hand.”

On January 25, 1991, a petition was filed to declare the minors to be dependents of the court pursuant to section 300, subdivisions (b), (c), (d), (i), and (j).

On January 28, 1991, the court appointed county counsel to represent both the department of children’s services (DCS) (which is now known as the department of children and family services) and the minors.

At an arraignment and detention hearing held on February 26, 1991, county counsel requested the court to appoint separate counsel for the minors. The court granted this request. At the same hearing, the court heard a motion to permit father to move back into the family home provided that he would never be left alone with the minors. In support of this motion, father’s counsel submitted a document which contained, inter alia, a declaration by psychologist Stan Katz. Therein, Dr. Katz opined that father had not sexually abused Katrina. This opinion was based on his evaluation of father and Katrina during sessions arranged by father’s counsel. No objection to the propriety of this evaluation had been raised at this hearing, and the court granted the motion to allow father to move back into the family home.

At a hearing conducted on July 23, 1991, father called Dr. Katz as a witness. Counsel for the minors objected since, inter alia, as the minors’ attorney, he had to give his permission before father and mother had Katrina examined. Father and mother responded that any objection had been waived by failing to raise the issue at the February 26, 1991, hearing. The court sustained the objection and excluded Dr. Katz’s testimony insofar as it pertained to his examination of Katrina.

After these portions of Dr. Katz’s testimony had been stricken, mother called Dr. Kerry English, director of child development at King Medical Center. Dr. English opined that Katrina’s injury was consistent with the version of events advanced by mother and father.

On October 2, 1991, the court sustained the following amended petition:

“Count I: On or about Jan. 20, 1991, minor Katrina’s father sexually abused minor, including but not limited to digital penetration causing a cut and bruises inside the vaginal area. Further, minor’s mother does not believe [446]*446these allegations. Said molestation to minor Katrina endangers minor Ryan’s physical and emotional health and safety.
“Paragraph I subdivision B: The minors have suffered, and there is a substantial risk that the minors will suffer, serious physical harm or illness as a result of the failure or inability of their father to adequately supervise or protect the minors and the failure of the minors’ mother to believe the allegations[.] The facts set forth in count I above are hereby incorporated and made part hereof.
“Paragraph III subdivision D: The minor Katrina has been sexually abused, and there is a substantial risk that the minors will be sexually abused, as defined in section 11165.1 of the Penal Code by their father and the mother, fails to believe the allegations that minor Katrina was sexually abused[.] The facts set forth in count I above are hereby incorporated and made part hereof.
“Paragraph IV subdivision I: The minor Katrina has been subjected to an act or acts of cruelty by the minor’s father and the facts set forth in count I above are hereby incorporated and made part hereof.
“Paragraph V subdivision J: The minor’s sibling Katrina has been abused or neglected, as defined in subdivision^] (b), (d), and (i), and there is a substantial risk that the minor Ryan will be abused or neglected, as defined in those subdivisions for the following reasons: The facts set forth in count I above are hereby incorporated and made part hereof.”

Issues

On appeal, mother and father contend that (1) the court’s finding that mother “does not believe minor Katrina was molested” does not support section 300 jurisdiction over mother; (2) the court’s findings are not supported by substantial evidence; (3) the court should have permitted Dr. Katz to testify concerning his evaluation of Katrina; (4) county counsel should not have been permitted to continue to represent DCS after it had been relieved of its representation of the minors; and (5) separate counsel should have been appointed for each of the minors.

Discussion

1. Jurisdiction Over Mother

Relying on In re Alexander K. (1993) 14 Cal.App.4th 549 [18 Cal.Rptr.2d 22], mother and father contend that the court’s finding that [447]*447mother “does not believe minor Katrina was molested” does not support section 300 jurisdiction over mother. Such reliance is misplaced. In Alexander K., a petition under section 300, subdivision (c), had been sustained based on the emotional abuse suffered by the minor on account of the father. The Alexander K. court reversed because there was no evidence linking the child’s symptoms to the father’s conduct. Here, on the other hand, there was proof that Katrina had been physically assaulted by father.

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Related

In Re Katrina W.
31 Cal. App. 4th 441 (California Court of Appeal, 1994)

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Bluebook (online)
31 Cal. App. 4th 441, 37 Cal. Rptr. 2d 7, 1994 Cal. App. LEXIS 1315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-county-department-of-childrens-services-v-teah-w-calctapp-1994.