Lisa D. v. Juanita C.

Opinion

KAUS, P. J. —

In two petitions filed by the Los Angeles County Department of Public Social Services (DPSS), it was alleged that Lisa D., age 12, and Frankie D., age 8, were dependent children within the meaning of Welfare and Institutions Code section 600, subdivisions (a) and (d).

1

Juanita C. (Juanita), the mother, appeals from the order declaring the children to be dependent children of the court.

Facts

Viewing the record in the light most favorable to the order of the juvenile court,

(In re Luwanna S.

(1973) 31 Cal.App.3d 112, 114 [107 Cal.Rptr. 62]) the following facts were adduced at the adjudication hearing:

'During 1975, Lisa and Frankie lived in Bell, California, with Juanita and her boyfriend, Jaime Cumplido. The children slept in the living

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room. Almost every morning Cumplido would enter and touch Lisa’s crotch and breasts under her pajamas. On one occasion, Cumplido placed his penis “in the back of [her] butt” and a “watery and gooey” liquid was expelled.

Cumplido told Lisa to keep these activities a secret, but Lisa told her mother about the molestations. Juanita and the children left Cumplido, but later returned. For four or five months the children slept in the same bed with their mother and Cumplido, during which time Cumplido made Lisa sleep next to him. He habitually placed his penis in her anal area. Lisa complained to her mother daily. Juanita threatened to hit Lisa if she said anything to anyone else.

2

One afternoon, Frankie saw Cumplido touching Lisa’s breasts. As soon as Cumplido saw Frankie, he took his hand away. Lisa complained to Frankie that Cumplido did “nasty” things to her, but she was not more explicit.

Juanita denied that Lisa had ever told her about the molestations. She believed that Lisa was lying. She loved her boyfriend but was equivocal about whether she would continue to live with him.