Sacramento Cty. Dept of Health v. Scott G.
Filed 3/23/06 Sacramento Cty. Dept of Health v. Scott G. CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
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| SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, Plaintiff and Appellant, v. SCOTT G., Defendant and Respondent. | C047587
(Super. Ct. No. JD219621)
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The juvenile court imposed monetary sanctions of $500 on appellant on the basis of violating a discovery order. We conclude the court abused its discretion, as the record does not support the court's basis for the order. We reverse.
FACTS
Respondent did not file a brief in this matter. We therefore decide the case on the facts as presented by the appellant.
On July 30, 2003, two-year-old Jenna G. was brought into Kaiser Hospital for treatment of swollen and bruised eyes. The parents claimed Jenna suffered the injuries from falling or bumping heads with another child. The examining physician determined otherwise, and Jenna was placed into protective custody.
Kaiser performed tests and x-rays on Jenna. On August 5, 2003, Jenna was seen at the University of California, Davis, Medical Center, where she underwent additional tests and x-rays. These tests disclosed Jenna had earlier suffered a fractured rib during the time she was in her parents' care.
On August 1, 2003, appellant Sacramento County Department of Health and Human Services (Department) filed an original petition under Welfare & Institutions Code section 300, subdivisions (a), (b) and (e), on behalf of Jenna.
At a detention hearing on August 5, 2003, counsel for each parent made various discovery requests for medical reports, police reports, social worker reports and other items. Although the minute order states the Department shall provide the discovery as requested, the court deemed the requests as informal discovery requests, and directed counsel to confer with the Department. It stated it would move to a more formal discovery process if the Department failed to provide the requested materials.
On August 6, 2003, Lisa Geary, a Department social worker/court investigator, directed another Department social worker, Brandy Crabtree, to obtain the actual x-ray films from Kaiser and deliver them directly to UC Davis. Geary was aware a discovery request had been made, but she did not make arrangements to have the x-rays turned over to counsel. She understood the discovery request to refer to reports, not to the actual x-rays. Geary testified she never possessed the x-rays.
By about August 29, 2003, the Department had provided to counsel the Department's detention report and its jurisdiction/disposition report. These reports included copies of medical records and reports prepared by both Kaiser and UC Davis (including reports of x-ray scans), police reports and photos, and handwritten notes by social workers.
At a hearing on September 10, 2003, the mother's counsel requested copies of â€
