JORGELINA v. SUPERIOR COURT
Petitioner, a single mother who lived with her boyfriend, two children, sister, and sister's child, knew that her boyfriend had a history of physically abusing the children. She had taken steps to prevent the abuse, but one day while petitioner was not home, her sister left her (the sister's) child at home in care of petitioner's boyfriend. The child died in his care. There was insufficient evidence to support a finding that petitioner caused the child's death under Welfare and Institutions Code Sec. 300(f)--which authorizes a court to take jurisdiction of a child when the child's parent caused the death of another child through abuse or neglect--or Section 361.5(b)(4), which provides that reunification services need not be provided to a parent who has caused the death of another child through abuse or neglect. Petition granted and case remanded.
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