C.A. 2nd;
B279742

The Second Appellate District affirmed a dependency court order. The court held that the dependency court did not abuse its discretion in terminating jurisdiction after returning the minor child to the custody of her mother, despite its finding that the mother's prior failure to protect the child had put the child at risk.

In August 2016 Claudia D., the mother of 15-year old Destiny D., petitioned the superior court for a restraining order to protect her from Sergio D., Destiny's presumed father. The couple had a lengthy history of domestic violence. In September, the superior court issued a restraining order requiring Sergio to move out of the family home and stay at least 100 yards from Claudia. In addition, the court granted Claudia sole physical custody of Destiny, with visitation for Sergio. In November, the Los Angeles County Department of Children and Family Services filed a dependency petition as to Destiny, alleging that Sergio had physically abused Destiny and Claudia had failed to protect her. The county acknowledged that the recent restraining order had gone a long way toward protecting Destiny from domestic violence and both Sergio and Claudia appeared to be abiding by it. Nevertheless, the county expressed concern that Claudia's insight into the effect of the domestic violence on Destiny's well-being was too recent to ensure Destiny's safety.