January 4, 2013

Summary of January 3, 2013 conference report for civil cases

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Thursday, January 3, 2013. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.

Review Granted

In re Maricela H., S206953—Review Granted—January 3, 2013

The question presented is whether Welfare and Institutions Code section 300, subdivision (b), authorizes dependency jurisdiction without a finding that parental fault or neglect is responsible for the failure or inability to supervise or protect the child.

The Court of Appeal, Second District, Division Five, held in a published decision, In re Maricela H. (2012) 148 Cal.Rptr.3d 618, that dependency jurisdiction under Welfare and Institutions Code section 300, subdivision (b), does not require a finding of parental neglect. The court stated that “[p]arental fault is not required to establish dependency jurisdiction to protect a child who is at substantial risk of serious harm as a result of a parent’s failure or inability to supervise or protect.”

Review Denied (with dissenting justices)





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