C.A. 4th;
D072056

The Fourth Appellate District reversed a dependency court order. The court held that dependency court erred in directing the county to remove a minor from his mother's care immediately, and without further assessment, if the county discovered that the minor had had any contact with his abusive stepfather.

In the latest of multiple incidents of domestic violence, K.K. assaulted wife E.S., sprayed bleach on eight-year old stepson C.M., and poured bleach on a pile of their clothing before throwing the bottle of bleach at E.S. E.S. locked herself and her son in the bathroom and called the police. K.K. was arrested. The San Diego County Health and Human Services Agency initiated dependency proceedings, alleging that C.M. had suffered, or was at substantial risk of suffering, serious physical harm or illness as a result of physical abuse by his K.K., domestic violence between E.S. and K.K., and E.S.'s failure or inability to adequately protect C.M. After a lengthy conversation with E.S., a county social worker succeeded in persuading E.S. to move out of the house and move in with relatives, in order to protect C.M. At hearing two months later, though, E.S. sought to minimize K.K.'s conduct, denying that he had sprayed C.M. with bleach or had ever previously hit C.M. According to E.S., she and K.K. had a happy relationship, and C.M. was safe in K.K.'s presence.