In re Eric H

In In re Eric H. (1997) 54 Cal.App.4th 955, the county agency and child's counsel moved at the jurisdiction hearing to dismiss a dependency petition that alleged the father had sexually abused his son. (In re Eric H., supra, 54 Cal.App.4th at p. 961.) The juvenile court dismissed the petition and denied the mother's request to present evidence in support of the petition, reasoning that under section 350, subdivision (c), a parent has the right to present evidence only if the court denies a motion to dismiss the petition. (In re Eric H., supra, 54 Cal.App.4th at p. 961.) The Court of Appeal agreed with the juvenile court's interpretation of section 350, subdivision (c), concluding it accords with the plain meaning of the language of the statute (In re Eric H., supra, 54 Cal.App.4th at pp. 965, 968) and prevents disappointed family court litigants from using the juvenile court to litigate family court matters at taxpayer expense. (Id. at pp. 968-969.)