San Diego County Department of Social Services v. Philip B.

Opinion

BENKE, J.

In this case we reject dicta in our opinion in In re Brendan P. (1986) 184 Cal.App.3d 910 [230 Cal.Rptr. 720], and hold a juvenile court is not collaterally estopped from the reconsideration of custody issues already decided in family court. In the unpublished portion of the opinion we remand for reconsideration of the dependency order.

Facts and Background

On March 12, 1991, the San Diego County Department of Social Services (Department) filed a Welfare and Institutions Code2 section 300, subdivision (d), petition as to Desiree (age five) alleging the child had suffered from *288chl…