Thursday, May 29, 2025

In re D.B. (Cal. Ct. App. - May 28, 2025)

It's indeed unfortunate. But I have to agree with Justice Greenwood. In a juvenile dependency case, where the issue is whether a 17-year old child should be taken away from the custody of her mother, if the facts demonstrate that the child is indeed assaulting and threatening the mother, then, yes, the trial court has the power to enter a restraining order against the child.

(To be clear: I'm not saying it's unfortunate that I agree with Justice Greenwood. That's utterly fine. It's instead that the facts of the underlying case are indeed unfortunate.)

It's a disaster of a fact pattern. The father is incarcerated and has a substance abuse problem. The mother allegedly has a history of substance abuse and mental health issues. There are serious allegations that the mother consistently demeaned and occasionally physically abused then daughter. And then daughter got pregnant and had her own child. At 15. Daughter and mother continued to not get along, daughter and her own daughter lived with mother, mother allegedly failed to take care of granddaughter when daughter was not doing so, daughter "stated she cut herself and smoked marijuana, behaviors which Mother knew of but did not address," daughter gets taken out of the house and placed in a housing center at which she allegedly "made threats to kill another child at the housing center, refused to comply with the staff’s instruction, and left her placement," daughter eventually gets her own daughter taken away from her by the court, daughter allegedly sends a Google Maps picture of mother's house to mother showing it in flames, etc. etc. etc.

Ugh.