In re Marcus C., Jr.

The Department and the child challenged the dismissal of a juvenile dependency petition after an adjudication hearing under Welfare and Institutions Code section 300. The petition was the result of allegations of neglect, including the child falling out of a second story window of the apartment in which the child was then living with the father. The court concluded that the juvenile court abused its discretion in denying the motions to amend the petition where it failed to acknowledge that the record was replete with facts well-known to the parents, and that recognizing this circumstance by granting leave to amend to conform to proof, would not have misled the parents to their prejudice. Accordingly, the court reversed the judgment. View "In re Marcus C., Jr." on Justia Law