In re Matthew S.
California Court of Appeal
49 Cal. Rptr. 2d 139 (1996)
- Written by Tammy Boggs, JD
Facts
Alexandra S. (defendant) had three children, including a 16-year-old daughter and 13-year-old Matthew S. The children’s father was absent and provided erratic child support. Alexandra had a psychiatric condition causing her to suffer ongoing morbid delusions, including that Matthew’s penis had been mutilated and that she had been married to actor Gregory Harrison who was murdered by the mafia. Based on her delusions, Alexandra tried to inspect Matthew’s penis and made Matthew undergo a medical examination by a urologist, who found no evidence of injury to Matthew’s penis. The urologist was concerned for Matthew’s well-being and contacted the department of social services (the department) (plaintiff). The department conducted a thorough investigation. Alexandra had recently lost her job as a dietitian at a hospital. Alexandra had been molested as a child and suicidal as a teenager. Alexandra admitted her current condition and that she needed psychiatric help. When Alexandra was told that Gregory Harrison was alive, Alexandra suggested that his murder and funeral had been staged. Alexandra maintained that Matthew’s penis had been injured. Alexandra’s daughter confirmed her mother’s delusions. Matthew was reluctant to speak about the incident. Both children were confused by Alexandra’s delusions but otherwise had a good, warm relationship with their mother and wanted to remain living with her. Matthew reported that he had never felt threatened by Alexandra. The department filed a dependency petition as to Matthew based on several grounds and allowed him to remain living with Alexandra. The trial court declared Matthew a dependent child based on findings that he was at risk of serious physical and emotional harm and was without provision for support. Alexandra appealed.
Rule of Law
Issue
Holding and Reasoning (Gilbert, J.)
Dissent (Stone, J.)
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