The Sixth Appellate District affirmed an order. The court held that a dependency court’s jurisdictional finding under Welf. & Inst. Code §300(i) that a mother subjected her child to an act of cruelty did not require a finding that the mother actually intended to harm the child.
C.B. had a history of mental illness and substance abuse. C.B. was arrested following an incident in a public park in which she reportedly put her seven-year-old daughter D.C. over the fence around a fountain, climbed the fence herself, and held D.C. under the water without giving D.C. time to hold her breath. A passerby rescued D.C. The Santa Clara County Department of Family and Children’s Services took D.C. into protective custody and petitioned on her behalf pursuant to, among other provisions, Welf. & Inst. Code §300(i), alleging that C.B. subjected D.C. to an act of cruelty.
