Protest 66025-K of China Man Way Fur Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming jurisdiction where father had previously seen bruises on child, mother then caused extreme brain damage to child, and father had been convicted of abusing mother
• juvenile court could infer that the father would have seen the same bruises on the child's face and body that were observed by medical personnel
• father was convicted of domestic violence related to alcohol use and was court ordered to complete a substance abuse assessment, which, according to the record, was never completed
• conclud- ing that, to prove that a child’s welfare is endangered, the department must prove that “risk of harm is present at the time of the hearing and not merely speculative” (internal quotation marks omitted)
• mother did not appreciate the risk posed by father where father had a long history of substance abuse and domestic violence in the presence of the child, including one physical altercation while mother was holding the infant
• “DHS has the burden to prove that there is a nexus connecting the parent’s allegedly risk-causing conduct and the harm to the child and also that the risk of harm is present at the time of the hearing and not merely speculative.” (Internal quotation marks omitted.)

Source: CourtListener parenthetical corpus (CC0).