In re Mariah T.

Eight-year-old Mariah T. and three-year-old Bryce T. lived with their mother, Monique T. (defendant), and Monique’s boyfriend, Jason. Mariah told her father, Anthony T., that Jason came into her room twice at night, laid next to her, touched her near her crotch, and indicated she should keep quiet. Anthony reported the incidents to the Los Angeles County Department of Children and Family Services (DCFS) (plaintiff), which investigated. Mariah told a social worker that she had informed Monique of the incidents but that Monique had dismissed the allegations, accused Mariah of lying, and threatened that Mariah would not see Anthony again if she told anyone else what Jason had allegedly done. Mariah and Bryce also told the social worker that Monique whipped them with a belt, sometimes leaving marks and bruises. Mariah claimed that three times, Monique used the belt to whip Bryce across his stomach. Based on the allegations of corporal punishment and failure to protect against sexual abuse, DCFS initiated a dependency proceeding, meaning a proceeding to ensure the safety of minors being neglected or abused. DCFS sought to have the children declared dependents of the court and removed from Monique’s custody. Monique admitted to using a belt on Mariah and Bryce’s buttocks once, but she minimized any other corporal punishment, claimed that Mariah was a compulsive liar, and denied that Mariah ever told her of Jason’s alleged misconduct. The trial court found Mariah’s testimony more credible than Monique’s testimony. It therefore granted DCFS’s petition, declaring the children dependents of the court, removing them from Monique’s home, and ultimately placing them with Anthony. Monique appealed, arguing that there was insufficient evidence to support the court’s orders.