In re Janet T

In In re Janet T. (2001) 93 Cal.App.4th 377, the mother and her children lacked a stable residence and lived intermittently in various shelters and with relatives; a prior medical evaluation also showed that the mother suffered from psychological problems. (Id. at pp. 382-383.) A sustained dependency petition alleged that the children were at substantial risk of harm pursuant to section 300, subdivision (b), by reason of both their mother's failing to ensure their regular school attendance, and her mental and emotional instability putting them at risk. The petition further alleged pursuant to section 300, subdivision (g) that the father's whereabouts were unknown and he left the children without any means of support. (In re Janet T., supra, at pp. 387, 392.) The appellate court reversed the order sustaining jurisdiction. Though acknowledging that failing to attend school was detrimental to the children, the appellate court reasoned "that is not the same as saying the failure to attend school created a 'substantial risk' of suffering 'serious physical harm or illness.'" (Id. at pp. 388-389.) Likewise, the court determined that the petition alleged no facts to suggest "how mother's mental health problems created a 'substantial risk' her children would suffer 'serious physical injury or illness.'" (Id. at p. 389.) There was no evidence that any of the minor injuries or health problems that the children had suffered were caused by the mother's mental health issues or continued to exist at the time the petition was sustained. (Id. at p. 390.)