March 15, 2013
The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, March 13, 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.
In re David R., S208475—Review Granted and Held—March 13, 2013
The Court granted review and held further action pending consideration and disposition of a related issue in In re I.J., S204622. The question presented in In re I.J. is whether evidence of sexual abuse of a minor daughter by her father is sufficient, by itself, to support the juvenile court’s jurisdictional findings, under Welfare and Institutions Code, section 300, subdivisions (b), (d) or (j), that her younger male siblings are at “substantial risk” of future sexual abuse or other harm.
In a published opinion, In re David R., (2012) 212 Cal.App.4th 576, the Court of Appeal, Second District, Division One, held the trial court applied the wrong standard when it concluded that a two-year old son was at “substantial risk” of molestation by his father solely because the father had sexually abused his six-year-old daughter. The Court reversed the jurisdictional and dispositional orders and remanded for retrial (in the event the Department of Children and Family Services chooses to proceed). Presiding Justice Robert M. Mallano dissented.
Review Denied (with dissenting justices)