In re U.S. CA2/7

Filed 4/21/14 In re U.S. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

In re U.S. et al., Persons Coming Under the B247521 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK97024)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

LUIS S. et al.,

Defendants and Appellants.

LOS ANGELES COUNTY B251457 DEPARTMENT OF CHILDREN AND (Los Angeles County FAMILY SERVICES, Super. Ct. No. CK97024)

Plaintiff and Respondent,

v.

LUIS S.,

Defendant and Appellant.

APPEAL from a judgment and order of the Superior Court of Los Angeles County, Philip L. Soto, Juvenile Court Referee. Affirmed. Joseph T. Tavano, under appointment by the Court of Appeal, for Defendant and Appellant Luis S. (Father). Janice Anita Jenkins, under appointment by the Court of Appeal, for Defendant and Appellant L.S. (Mother). John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Jessica S. Mitchell, Senior Associate County Counsel, for Plaintiff and Respondent. __________________________

Appellants Luis S. (Father) and L.S. (Mother) are the parents of U.S. (born March 2005), Josue S. (born 1997) and Noemi S. (born April 2008). Father and Mother each filed appeals from the January 2013 jurisdictional findings of the juvenile court in case No. B247521. While the appeal was pending, Father filed an appeal from an August 27, 2013 order maintaining jurisdiction (case No. B251457). On January 23, 2013, we ordered the cases may be considered concurrently for purposes of oral argument and decision. FACTUAL & PROCEDURAL BACKGROUND The sexual abuse allegations In 2009, Mother discovered Josue (then 12 years old) forcing U.S. (then 4 years old) to orally copulate him. U.S. reported the behavior had occurred several times thereafter. At the time Josue and U.S. shared a bedroom. The incident was reported to the Department of Children and Family Services (the Department), but no petition was filed. A juvenile petition was filed against Josue pursuant to Welfare and Institutions Code section 6021 and Josue was placed on probation beginning in February 2010. Josue