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A Powerful New Case

This powerful new case creates a presumption in favor of the parent who protects the children from racial bias in the home. It does not matter that the children were not present when the remarks were made. That is a big step. Click on the italicized text below to read the full court document.

The Welfare and Institutions Code* section 300 petition was filed on January 27, 2009. The petition contained allegations of: serious bodily harm; failure to protect; serious emotional damage; and sibling abuse. (§ 300, subds. (a)-(c), (j).) After several continuances, the adjudication hearing was held on March 19, 24 and 27 and April 2, 2009. The twins were declared to be dependents pursuant to section 300, subdivisions (b) and (j). The juvenile court found the father: used inappropriate discipline; G.G. “has exhibited explosive, aggressive, uncontrollable behavior requiring therapeutic, psychiatric intervention, and the father failed to obtain timely, necessary therapeutic, psychiatric intervention for the child despite numerous recommendations for treatment”; and “has provided a chaotic home environment including regular and consistent confrontational behavior with the children‘s school and in the community . . . .”

At the conclusion of the adjudication hearing, the disposition hearing was held. The juvenile court ordered: the twins be placed in foster care; individual counseling for the twins and the father; visitation by the father three times per week including on the weekends; one hour of the visitation was to be unmonitored; the father participate in a fatherhood class; and the father‘s individual counseling address his use of sexist and racist language. In connection with this latter requirement, the juvenile court minute order states, “Father to be in individual counseling to address issues with a male therapist regarding father‘s racist and sexist views.” The father filed a timely notice of appeal.

*All further statutory references are to the Welfare and Institutions Code except where otherwise noted.

Juvenile court found that they did not abuse discretion in ordering that father undergo counseling regarding his repeated angry use of racial, ethnic and gender epithets; the requirement was a reasonable response to father’s repeated use of such invective in dealing with school and social services personnel, together with other evidence of his temper, suggesting that he was creating an unhealthy environment for the children, regardless of whether he used such language in their presence.

In re G.G. – filed June 29, 2010, Second District, Div. Five
Cite as B215471
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