In re Trevor M.
Filed 8/4/06 In re Trevor M. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| In re TREVOR M. et al., Persons Coming Under the Juvenile Court Law. | |
| ORANGE COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Appellant, v. TANYA M. et al., Defendants and Respondents. | G036699 (Super. Ct. Nos. DP012339, DP012340, DP012341, DP012342) O P I N I O N |
| ORANGE COUNTY SOCIAL SERVICES AGENCY, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; TREVOR M. et al., Real Parties in Interest. | G036749 |
Appeal from an order of the Superior Court of Orange County, John C. Gastelum, Judge. Affirmed. Original proceedings; petition for a writ of mandate/prohibition, John C. Gastelum, Judge. Writ petition denied as moot. Respondent Tanya M.'s motion to take additional evidence. Granted.
Benjamin P. de Mayo, County Counsel, Dana J. Stits and Jeannie Su, Deputy County Counsel, for Plaintiff and Appellant and for Petitioner.
Nicole Williams, under appointment by the Court of Appeal, for Defendant and Respondent and for Real Party in Interest Tanya M.
Deborah A. Kwast, Public Defender, Frank Ospino, Assistant Public Defender, and Paul T. DeQuattro, Deputy Public Defender, for Real Party in Interest Tanya M.
Jennifer Mack, under appointment by the Court of Appeal, for Defendant and Respondent and for Real Party in Interest Todd M.
Rich Pfeiffer for Real Party in Interest Todd M.
No appearance for the Minors.
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Introduction
During the dependency proceedings in this case, the Orange County Social Services Agency (SSA) submitted a substantiated report of child abuse to the Department of Justice (DOJ) for inclusion in the Child Abuse Central Index (CACI). When the parties stipulated to dismissal of the dependency petition, without prejudice, counsel for Tanya M. (mother) requested that the juvenile court order the report be designated as unfounded, rather than substantiated. SSA objected on the ground that administrative grievance review procedures available to mother had not been pursued. The juvenile court granted mother's request, and ordered SSA to change the report from substantiated to unfounded.
The appellate record does not reflect any notice by SSA to the parents of the availability of the grievance review procedures to challenge the designation of the abuse as substantiated. Under these circumstances, the juvenile court was within its authority to order SSA to change the designation to unfounded, based on the record before it. We therefore affirm the juvenile court's order. The petition for a writ of mandate is denied as moot.
Statement of Facts and Procedural History
On September 21, 2005, two-month-old Brandon M. was admitted to the hospital with multiple rib fractures in different stages of healing; Brandon's parents, Tanya M. (mother) and Todd M. (father) (collectively the parents), were unable to explain his injuries. Brandon's injuries were located in the rear, on the left side; his treating physician, Dr. Gary Goodman, opined the ribs had to â€
