Anytime a child dies in a traffic accident, it is tragic, but due to a ruling handed down by the California Supreme Court last week, that parent may lose custody of other minors in their care after such an accident.
In an unanimous decision, the Court ruled in favor of the Los Angeles County social workers last Thursday that a “breach of ordinary care” that has fatal results is a reason for child protective services to remove siblings because the safety of other siblings may be at risk. This may be the case, even if there is not found to be any criminal negligence or abuse by the parent or in the house.
In south Los Angeles in 2009, a father was driving his 18-month-old daughter to the emergency room after she fell off a bed and injured her arm. She was sitting in an aunt’s lap at the time when another car ran a stop sign and hit the vehicle. According to some reports, the father had lent out his vehicle to a friend with the car seat inside and was trying to get her help. The girl was killed in the crash.
A week later, social workers received a report that the children in the home were not properly cared for. Social workers who investigated the house after the tragic accident reported seeing signs of abuse and neglect when they visited the home. They decided to remov the girl’s siblings and took them into their custody. The father, named as William C. in the decision, eventually regained custody, but the siblings were out of the house for more than a year.
If you are facing criminal charges, it is imperative to speak with an aggressive Los Angeles criminal defense attorney. Call today for your immediate, free consultation.