Cal Supreme Court rules in child death case

Daily 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

  • Wis. court won't rehear union case without justice

    Wis. court won't rehear union case without justice

    Daily Legal News 07/03/2012

    The state Supreme Court won't reconsider a lawsuit challenging Gov. Scott Walker's collective bargaining law without Justice Michael Gableman. Dane County District Attorney Ismael Ozanne had argued Republicans violated the state's open meetings law d...

  • Federal court orders May 29 primary date for Texas

    Federal court orders May 29 primary date for Texas

    Daily Legal News 03/02/2012

    The federal court in San Antonio has ordered Texas to hold its primary elections on May 29, resolving for now one of the biggest issues in the state's redistricting battles.The three-judge panel issued the election schedule two days after releasing p...

  • The Law Office of James C. Kelly Announces Investigation

    The Law Office of James C. Kelly Announces Investigation

    Daily Legal News 01/10/2012

    The Law Office of James C. Kelly announces that it is investigating potential claims against the board of directors of Inhibitex, Inc. concerning possible breaches of fiduciary duty and other violations of law related to the Company's entry into an a...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.