In Re Tomi C.

218 Cal.App.3d 694 (1990) 267 Cal. Rptr. 210 In re TOMI C. et al., Persons Coming Under the Juvenile Court Law.

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent,

v.

TOMMY C., Defendant and Appellant.

Docket No. F011941. Court of Appeals of California, Fifth District.

March 7, 1990. [695] COUNSEL

Jay C. Smith, under appointment by the Court of Appeal, for Defendant and Appellant.

Max E. Robinson, County Counsel, and Houry A. Der Simonian, Deputy County Counsel, for Plaintiff and Respondent.

Michael B. McPartland, under appointment by the Court of Appeal, for Minors.

[696] OPINION

BEST, Acting P.J. —

STATEMENT OF THE CASE

On September 21, 1988, the minors, Christy, Tomi, and Shawn, ages six, four, and three, respectively, were placed in protective custody by the Fresno City police. Separate petitions pursuant to Welfare and Institutions Code[1] section 300 were filed on September 23, 1988, alleging that Christy had reported she and her siblings had been sexually molested by her father and mother. The petitions alleged that the children were residing with their father at the time of their detention.

An order that the minors be detained and have no contact with their parents was made by the juvenile court on September 26, 1988. The parents were allowed to begin supervised visits on October 3, 1988.

Amended petitions were filed on October 24, wherein it was alleged that a registered nurse who had examined Christy believed that injuries sustained by Christy were consistent with having been sodomized. Second amended petitions were filed on January 25, 1989, alleging that Thomas C., hereinafter father, had caused injuries to the minors that were consistent with being sodomized. The petitions further alleged that father had sexually molested his children by orally copulating them. The second amended petitions contained no allegations with regard to the minors' mother.