4DCA Division 2 Oral Argument 2026/09/01 Afternoon Session - Sep 01, 2026
argument4DCA Division 2 Oral Argument 2026/09/01 Afternoon Session
California Fourth District Court of Appeal, Division Two
32 min
4 chapters
transcribed 21 days ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
What are the opening statements and procedural setup for the appellate oral argument?
difficulties I'm experiencing. My name is Robert McLaughlin. I'm appearing on behalf of the appellant.
All right. And if you could spell your last name for the clerk, please.
Sure. M-C-L-A-U-G-H-L-I-N.
And counsel for respondent?
Yes. Good afternoon. This is Julie Jarvie on behalf of the Department of Public Social Services. And my last name is spelled J-A-R-V-I.
All right. Thank you. And counsel for appellant, welcome and thank you for being here today. You have the right to open and close. Would you like to reserve some time for rebuttal?
Yes. Yes. Two or three minutes would be fine.
All right. The clerk will notify you when you get to that two or three minute mark. And again, thank you for being here and you may proceed.
And thank you for your patience with the difficulties. Good afternoon. I'll keep my comments brief. My argument will be limited to the court's tentative with respect to mother's alleged alcohol abuse and history of domestic violence with the children's fathers. With respect to the B1 and B2 alcohol abuse allegations, BPSS was required to prove three elements. First, that mother abused alcohol. Second, her alcohol abuse rendered her currently unable to regularly provide for the children's care, and Negus and Mecca were at risk of serious physical harm. None of these elements were established. The only evidence supporting the B-1 and B-2 allegations was a reckless driving conviction 11 years prior to the jurisdiction hearing and a June 2024 accident in which mother was allegedly over the legal limit.
Notably, neither incident resulted in a DUI conviction. Regardless of her refusal to accept the BAC reading in the most recent accident, there was insufficient evidence mother abused alcohol. The, she consistently tested negative for alcohol throughout the proceeding, and Dr. Williams provided expert testimony establishing that she was not a substance abuser and could safely care for Negus and Mecca. Mother's antiquated wet reckless conviction in 2014 and 2024 non-injury accident did not amount to an excessive use of alcohol, rendering her unable to care for Negus and Mecca. Notably, there was no evidence either child had been harmed during the 2024 accident or at any other time. By way of contrast, the accidents in NRA-JN and NRA-RL
were much more severe and resulted in serious physical harm to the children. Most significantly, DPSS itself acknowledged the evidence did not show mother had an active and ongoing substance abuse issue at the time of the jurisdiction hearing and had no concern for substance abuse. The court's jurisdiction findings with respect to the B1 and B2 allegations based on mother's alleged alcohol abuse are not supported by substantial evidence. The jurisdiction findings with respect to the B3, B4, and B5 allegations based on the parent's history of domestic violence are similarly deficient. To establish jurisdiction under subdivision B1 based upon domestic violence, the evidence must show the child was exposed to domestic violence.
He was physically harmed by the violence or faced a current risk of serious physical harm. and the violence is ongoing and or likely to continue. Here, the parents did have a lengthy history of domestic violence. However, there was insufficient evidence that children faced an ongoing risk of serious physical harm. By the time of the jurisdiction hearing, the parents fully resolved their issues. Either Magus or Mecca suffered serious physical harm in connection with the parents' conflict. Apart from one subsequently recanted claim, neither child witnessed or was directly exposed to the parents' conflict. Mother had no recent altercations with the father. Parents maintained separate residences. Mother terminated her relationship with the fathers, and their interaction was limited to the talking parents' app.
While
the
parents' relationship continued to be acrimonious, there was no evidence of an ongoing cycle of violence. Indeed, any projection for future conflict was speculative. CPS acknowledged it had no concerns about the parents' domestic violence.
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Chapters
4 chapters
1
What are the opening statements and procedural setup for the appellate oral argument?
0:00–5:36
2
How does counsel for the appellant challenge the court’s findings on alleged alcohol abuse?
5:36–18:50
3
What evidence does the appellant present regarding the lack of domestic‑violence risk to the children?
18:50–27:33
4
How does the respondent’s counsel respond to the appellant’s claims about custody and visitation?
27:33–32:16
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