In re H.S. CA3

Filed 9/30/15 In re H.S. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re H.S., a Person Coming Under the Juvenile Court C078319 Law.

SACRAMENTO COUNTY DEPARTMENT OF (Super. Ct. No. JD235112) HEALTH AND HUMAN SERVICES,

Plaintiff and Respondent,

v.

R.S.,

Defendant and Appellant.

R.S., father of the minor, appeals from the judgment of disposition. (Welf. & Inst. Code, § 395.)1 He contends there was insufficient evidence to support a finding that H.S. was at risk of sexual abuse and there was insufficient evidence to support continued removal from his custody. We affirm.

1 Further undesignated statutory references are to the Welfare and Institutions Code.

1

FACTS The Sacramento County Department of Health and Human Services (Department) received a report of possible sexual abuse of nine-year-old B.B., the male half sibling of the three-year-old female minor, H.S., who is autistic and nonverbal.2 B.B. was overheard telling another child at school that R.S. had been sexually abusing him. B.B. described acts of oral and anal sex and licking or sucking nipples that R.S. perpetrated on him and that he was required to perform on R.S. B.B.’s subsequent statements to school officials and separately to investigating officers and social workers were consistent with the initial statement. When interviewed, the mother denied any abuse had occurred, stated the minor was lying, and blamed the school for telling the minor “things.” The Department filed a petition in August 2014 alleging that H.S. was at risk of sexual abuse by R.S. because B.B. was sexually abused by R.S. on multiple occasions and mother knew or should have known of the abuse but failed to protect him. The detention report stated the mother continued to deny any sexual abuse occurred stating, “ ‘there is no proof, just because my son said it does not mean it happened.’ ” The maternal grandmother told the social worker that, over time, B.B.’s sexualized behavior and statements about making R.S. “feel good” made her suspect he was being sexually abused. The court ordered B.B. and H.S detained. The jurisdiction/disposition report filed in November 2014 said that the mother continued to insist there was no proof B.B. was abused and that he was making up the allegations. The mother reported that B.B. had Attention Deficit Hyperactivity Disorder (ADHD) and that B.B.’s medication increased his attention-seeking behaviors and caused him to have erections lasting more than four hours which explained his sexual behaviors. Mother never reported this or other side effects of the medications to B.B.’s doctor until