In re Alyssa S. CA5

Filed 8/31/21 In re Alyssa S. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

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

FRESNO COUNTY DEPARTMENT OF F082587 SOCIAL SERVICES, (Super. Ct. No. 19CEJ300393-2) Plaintiff and Respondent,

v. OPINION ROSA S.,

Defendant and Respondent;

ALYSSA S.,

Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Jane Cardoza, Judge. Jamie A. Moran, under appointment by the Court of Appeal, for Appellant. Robert McLaughlin, under appointment by the Court of Appeal, for Defendant and Respondent. Daniel C. Cederborg, County Counsel, and Lisa R. Flores, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Smith, J. and Snauffer, J.

Minor Alyssa S. appeals from an order of the juvenile court, entered after a combined six-, 12- and 18-month review hearing (Welf. & Inst. Code §§ 366.21, subds. (e)(1), (f)(1) & 366.22),1 finding that Alyssa could not be safely returned to the custody of her mother Rosa S. (mother). Alyssa contends on appeal the Fresno County Department of Social Services (department) failed to prove the existence of a substantial risk of detriment if she were returned to mother’s custody. Mother joins. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Detention by Law Enforcement On November 18, 2019, Alyssa’s 13-year-old twin sister, A.S., sent an email to her teacher stating she was going to report the next morning that she and Alyssa had been sexually assaulted by their 23-year-old brother, Christian, for the past nine years. She had never reported it because she was afraid that she would get into trouble with the family. The following day, A.S. reported to school officials and law enforcement that Christian had sexual intercourse with her and made her orally copulate him since she was four years old. The last time was in early 2018 and she estimated it occurred more than 10 times throughout the years. Christian told her he would make her life difficult if she told anyone. She believed Christian was also making Alyssa and their 15-year-old sister, S.V., orally copulate him. She had wanted to disclose the sexual assault for a long time, but mother always dissuaded her by telling her she would not be able to live with her sister anymore and she should not cause trouble for her brother. She felt compelled to report the assault because Alyssa was having trouble dealing with the situation. On November 16, Alyssa ran away from home and did not return for several hours. When A.S. asked her why she ran away, Alyssa said she could not be in the same house as Christian. The following day, Alyssa said she did not want to live anymore and wanted to end her life. A.S. was very concerned about Alyssa and tried to enlist mother’s help but mother told both girls not to report anything and to “ ‘worry about themselves.’ ”