Cal Supreme Court rules in child death case
Headline Legal News
Welfare officials can take children from parents who negligently cause the death of a son or daughter, such as failing to place them in a car seat, even if there was no criminal harm, the California Supreme Court ruled.
The court ruled Thursday that a "breach of ordinary care" with fatal results is enough reason for child welfare agencies to act because it poses an inherent concern for the safety of siblings, the Los Angeles Times reported.
"When a parent's or guardian's negligence has led to the tragedy of a child's death, the dependency court should have the power to intervene," Justice Marvin R. Baxter wrote for the court.
"It's a big case for us, and it is a big case for the child welfare community," said Assistant County Counsel James M. Owens, who represented the Los Angeles County Department of Children and Family Services.
The case involved the 2009 death of an 18-month-old girl in South Los Angeles. Her father was driving her to a hospital after she fell off a bed and hurt her arm, according to court documents.
The baby was sitting on her aunt's lap when another car ran a stop sign and hit their vehicle.
Related listings
-
GlaxoSmithKline settles healthcare fraud case
Headline Legal News 07/02/2012GlaxoSmithKline Plc has agreed to plead guilty to misdemeanor criminal charges and pay $3 billion to settle what government officials said on Monday is the largest case of healthcare fraud in U.S. history. The agreement, which still needs court appro...
-
High court ruling vindicates Obama on health care
Headline Legal News 06/28/2012Marking a pivotal point in the presidential campaign, the Supreme Court's decision to uphold President Barack Obama's sweeping federal health care law handed the Democratic incumbent crucial election-year vindication for his signature legislative acc...
-
Penn State: Court should dismiss Spanier's lawsuit
Headline Legal News 06/15/2012Penn State is asking a judge to dismiss a lawsuit filed against the university by its former president. Graham Spanier sued May 25 to obtain old emails that he says are necessary to respond to Penn State's child sex-abuse probe. Documents filed by Pe...
Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.