Dept. of Human Services v. S. R. C.

The fact that a juvenile was in foster care at the time of the state's amended petition, alleging that there is a serious risk of harm to the child, is not sufficient to dismiss an allegation.

Mother appeals judgment in which the juvenile court found additional bases of jurisdiction over her daughter (H). Mother asserts that the juvenile court erred in asserting jurisdiction over H based on additional allegations concerning the level of care the mother had provided, physical and verbal abuse, H's exposure to domestic violence, and sexual abuse of H by her stepfather. Mother argued that the evidence was insufficient to show a current risk of serious loss or injury to H. Mother argued that H was in foster care at the time of the amended petition and she was incarcerated at the time alleging that the petition described historical circumstances that no longer exist. Mother further argued that the evidence was legally insufficient to establish that Mother had failed to protect H from her stepfather's inappropriate physical discipline. The Court rejected Mother's attempt to use the fact that H had been placed in foster care as a reason to find the additional allegations in the amended petition did not present a current threat of harm. The Court found there was no evidence that the stepfather physically disciplined H, and that there is therefore no evidence that mother failed to protect H from stepfather's physical discipline. Reversed and remanded in part; otherwise affirmed.