In re Olivia P. CA2/8

Filed 5/5/15 In re Olivia P. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re Olivia P., a Person Coming Under the B256881 Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. DK04665) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

FRANCISCO P.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Steven Klaif, Juvenile Court Referee. Affirmed.

Michelle L. Jarvis, under appointment by the Court of Appeal, for Defendant and Appellant.

Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Kimberly Roura, Deputy County Counsel, for Plaintiff and Respondent.

__________________________

Francisco P., Jr. (father) appeals from part of the order adjudicating his daughter Olivia P. a dependent of the court, and from part of the dispositional order. Olivia was declared dependent on several bases; father challenges only the jurisdictional finding that she was dependent due to a risk of sexual abuse because of father’s inappropriate behavior with his stepdaughter, Alyssa R., and the concomitant dispositional order that father’s individual counseling include sexual boundary issues. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The family unit at issue consisted of mother, Jennifer P. (mother), father, five- year-old Olivia, and mother’s two daughters from a previous relationship, 13-year-old Katelynn R. and 11-year-old Alyssa R. Prior to the detention of the children in April 2014, there had been a series of abuse referrals dating back to 2007, although, for various reasons, no petitions had been filed by the Los Angeles County Department of Children and Family Services (DCFS). In January 2014, Katelynn and Alyssa telephoned their father, Gabriel R., who had joint custody, and asked him to pick them up because they did not feel safe at home, due to mother’s and father’s drug use and neglect. Gabriel R. obtained a family court order for emergency physical custody of his daughters, and suspension of mother’s visitation. In April 2014, there was a physical altercation between mother and father, in which father kicked mother and slammed her to the ground. Mother left the room, but could not take Olivia because father would not allow her to leave with the child. Mother left and called police. DCFS conducted an investigation and detained all three children from mother and father. Katelynn and Alyssa remained with Gabriel R.; Olivia was placed with her paternal grandmother. DCFS’s investigation revealed some disturbing sexual behavior by father toward Alyssa. There were two types of incidents. First, on multiple occasions, father peeked at Alyssa while she was showering. Second, on at least two occasions, father went into Alyssa’s room and lay down in bed beside her. On one of these instances, Alyssa was wearing only a bra and underwear.