L.A. County Dep't of Children and Family Servs. v. Maria J. (In re Jasmin C.)

No. B160150 (Cal. Ct. App. Feb. 11, 2003) ; Clearinghouse Number: 55137

Description

Nonoffending Parent in Abuse and Neglect Proceedings May Not Be Required by Juvenile Court to Attend Parenting Classes

Abstract

The California appellate court held that the juvenile court had no authority to require a nonoffending parent in a child abuse and neglect proceeding to attend a parenting class if no substantial evidence showed that either the parent or the child would benefit from the counseling. After father threatened appellant mother and their children, he was arrested and charged with assault with a deadly weapon. Respondent Department of Children and Family Services initiated child abuse and neglect proceedings. The juvenile court placed the children in mother’s custody and ordered family maintenance services for mother and family reunification services for father, who was permitted department-monitored visits. The court also ordered both mother and father to attend parenting classes. Mother appealed. The appellate court found that mother did not abuse her children, fail to protect them, or engage in any other inappropriate behavior. Father’s rampage was an isolated incident perpetrated only by him, during which mother immediately interceded, physically restrained and calmed him, and directed another individual to call the police. The court held that, although the juvenile court had wide latitude in making orders necessary for the well-being of a minor, it was not justified in imposing parenting classes on appellant mother. The court noted that recovery was particularly difficult for families in juvenile court once a parent must abruptly move out and that adding the unnecessary responsibility of attending a class created more stress in an already tragic situation. The court reversed the juvenile court’s order requiring mother to attend parenting classes.

Additional Information

Attorney Information
Docket Date
2003-02-11 00:00:00+00:00

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