In re K.M. CA2/4

Filed 5/27/15 In re K.M. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re K.M. et al., Persons Coming Under B258393 the Juvenile Court Law. ___________________________________ (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. DK04803) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

R.M.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Timothy R. Saito, Judge. Affirmed. Judy Weissberg-Ortiz, under appointment by the Court of Appeal, for Defendant and Appellant. Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, Peter Ferrera, Deputy County Counsel, for Plaintiff and Respondent. ______________________________

R.M. (father) appeals from the juvenile court’s jurisdictional and dispositional orders regarding his daughters K.M. and C.M. He argues the jurisdictional findings are not supported by substantial evidence. We disagree and affirm.

FACTUAL AND PROCEDURAL SUMMARY The family was referred to the Department of Children and Family Services (DCFS) in 2014, after father’s sixteen-year-old stepdaughter, T.G., reported he had sexually abused her from when she was about nine years old until she was about thirteen years old. According to T.G., father had repeatedly touched and kissed her breasts and genitals, had made her touch his genitals, and had digitally penetrated her. T.G. claimed to have told F.M. (mother) about the abuse early on, but mother had not believed her. Father recalled being confronted by mother about T.G.’s allegations. T.G. also reported father had had sexual intercourse with her in Mexico when she was thirteen years old, while T.G.’s stepsisters, K.M. (born in 2004) and C.M. (born in 2005), were sleeping in the same bed. T.G. claimed father had attempted to molest her after that but had stopped when she threatened to tell mother. He had not touched her in two years. When T.G. disclosed the abuse in April 2014, mother was reluctant to believe her because, mother said, T.G. habitually lied, had been promiscuous and out of control since she was about eight years old, and her relationship with mother and father was strained. Nevertheless, mother relayed the allegations to T.G.’s biological father, and they took T.G. to file a police report. The parents agreed to DCFS’s safety plan, which provided father would move out of the family home and would have no contact with the children during the investigation, and T.G. would live with her biological father. DCFS’s investigation uncovered no evidence of sexual abuse of K.M. and C.M., neither of whom was aware of father’s alleged sexual abuse of their stepsister.