In re A.G.
J.G. appeals the order sustaining the allegations in the juvenile dependency petition filed pursuant to Welfare and Institutions Code[1]section 342, declaring his son A.G. a dependent minor under section 300, subdivision (a) and removing the minor from his care. J.G. claims the court erred in concluding that striking the childs face and buttocks with the fathers hands constituted serious physical harm or placed him at risk of such harm. As we shall explain, Court agree. The Department of Children and Family Services (the DCFS) failed to demonstrate that J.G.s conduct was sufficiently serious to justify the assumption of jurisdiction pursuant to section 300, subdivision (a) and thus, the court erred in ordering A.G. be removed from his fathers care. Consequently, Court reverse and remand.
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