San Diego County Department of Social Services v. Bonnie P.

Opinion

WIENER, J. Bonnie P., mother of the juvenile Jennifer P., appeals from an order of the juvenile court declaring Jennifer a dependent child under Welfare and Institutions Code section 300, subdivision (d).1 We conclude [324]there was insufficient evidence presented at the hearing to invoke the jurisdiction of the juvenile court and reverse the order.

Factual and Procedural Background

Bonnie and Dennis P., the adoptive parents of Jennifer, were separated in 1981 and divorced in 1982. Bonnie had primary physical custody of Jennifer, but Dennis retained and exercised reasonable visitation rights.

Shortly after the separation, Bonnie became concerned about some of Jennifer’s behavior and consulted a child psychiatrist, Dr. Michael Jaffe. The therapy continued over the next several years. In early 1984, Bonnie reported to Dr. Jaffe Jennifer’s preoccupation with certain sexual matters. By May 1984 Jaffe began to suspect the possibility of molestation, and referred Jennifer to Dr. Louise Greene, a psychologist. When Dr. Greene concurred in Dr. Jaffe’s suspicions, Bonnie immediately informed the county department of social services (Department), which in turn informed the San Diego Police Department.

On May 30 and June 1, 1984, Jennifer underwent an examination and interview at Children’s Hospital. The examination confirmed the molestation. In the interview, Jennifer stated that her father had engaged in both oral copulation and intercourse with her on several occasions while she visited him.

Bonnie initially requested the help of the juvenile court and the Department because she wanted to make sure that Dennis had no contact, either direct or indirect, with Jennifer. Bonnie cooperated in the criminal prosecution of Dennis and sought a modification of Jennifer’s custody status in the domestic court which would preclude any contact with Dennis. Bonnie later objected, however, to being subject to the continuing jurisdiction and supervision of the juvenile court.

The facts with respect to Bonnie’s parenting abilities are not in dispute. Dr. Jaffe stated that Bonnie “dealt with this tragedy superbly.” He “strongly support[ed]” Bonnie’s position that continued juvenile court intervention was unnecessary. Noni Mationg, a senior social worker with the Department, agreed with Jaffe’s conclusions about Bonnie. She commented that Bonnie “has demonstrated superior care and cooperation throughout this investigation. It is believed that the mother possesses optimal parenting skills and will do all possible in order to insure protection of her daughter.” Notwithstanding this evaluation, the Department continued to pursue the dependency petition because of its belief that juvenile court orders might be necessary to protect Jennifer before final resolution of the criminal action