A.S. v. Super. Ct. CA2/6

Filed 7/23/14 A.S. v. Super. Ct. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

A.S., 2d Civil No. B255320 (Super. Ct. Nos. J1435867, J1435868, Petitioner, J1435869) (Santa Barbara County) v.

SANTA BARBARA COUNTY SUPERIOR COURT,

Respondent;

SANTA BARBARA COUNTY DEPARTMENT OF SOCIAL SERVICES, CHILD WELFARE SERVICES,

Real Party in Interest.

A.S. (mother) challenges an order of the juvenile court bypassing family reunification services and setting a permanent plan hearing regarding her three minor children. (Welf. & Inst. Code, §§ 361.5, subds. (b)(6)-(7), 366.26, subd. (c).)1 We deny her petition for extraordinary writ. FACTUAL AND PROCEDURAL HISTORY Mother and J.L. (father) are the biological parents of three sons, D.S., J.S., and G.S. The children were 6 years old, 2 years old and 4 months old, respectively, when

1All further statutory references are to the Welfare and Institutions Code.

Santa Barbara County Child Welfare Services (CWS) removed them from their parents' custody. In October 2013, CWS received a complaint that father was sexually abusing D.S. A maternal aunt who was babysitting the boys discovered D.S. "humping" her three-year-old daughter. When the aunt spoke with D.S. about it, he became upset and told her his father put his penis in D.S.'s mouth and in his "butt." He said he told his mother about this and that she yelled at father and told father not to do it again. After the aunt told mother what had occurred, she accused D.S. of lying. D.S. told a social worker, Laurie Lee, that "[m]y dad put his 'peanut' into my mouth and put his 'peanut' in my butt," pointing to his groin area. D.S. said, "He does it every day." "He comes into my room, he takes my clothes off. He takes his clothes off. It is dark and he hurts me. He made me cry." When Lee told mother of D.S.'s statements, which Lee found credible, mother responded, "I'm not sure I believe him or not. I need to talk to him to see if he is lying." During a recorded interview with a sexual abuse response team (SART), D.S. made the same disclosure of sexual abuse. Once again, mother denied knowing about the abuse. She said, "I haven't heard it come from [D.S.]. I don't know when it could have happened." She dismissed the possibility that father could have sexually abused D.S. while mother was working the evening shift at a convalescent home. Mother said, "I don't think anybody has molested [D.S.]. [Father] hasn't been a good part of his life. They don't get along . . . . [D.S.] doesn't even like him at all. I need more proof than what he's saying. I need more proof to believe him." She insisted that "[j]ust because I don't believe he has been molested doesn't mean I'm not a good mother." Mother brought father to the police station, where he denied the allegations of abuse. CWS filed a petition against both parents alleging neglect under section 300, subdivision (b) and sexual abuse under subdivision (d). It alleged mother "has failed to protect the child [D.S.] adequately . . . [and] knew or reasonably should have known that the child was in danger of sexual abuse." The juvenile court detained the children and ordered them placed in a relative's care. The parents were offered services and visitation.