Los Angeles County Department of Public Social Services v. Robert I.

[1156]Opinion

HASTINGS, J. The juvenile court found the minor, three-year-old Dorothy I., to be a dependent child of the court under Welfare and Institutions Code section 300, subdivisions (a) and (d). Dorothy was removed from the custody of appellant, her father, and placed with her stepmother, Joanne I.

The original petition filed with the juvenile court alleged that appellant had sexually molested Dorothy and another child, appellant’s step-granddaughter. Subsequently, a filed amended petition added a second count alleging appellant had molested Diane G., Dorothy’s half-sister, at the age of nine or ten. Diane G. was an adult at the time of the amendment. On the day of the trial counsel for the County of Los Angeles dismissed count I and proceeded to trial on the allegations of count II which were used to prove the requirements of section 300, subdivisions (a) and (d).

At the conclusion of trial, the court amended the petition to conform to proof, sustained the further amended petition, and made additional findings of fact.

The court found that:

“(1) The father demonstrated a course of conduct over a period of approximately 10 years which was dangerous to the physical and mental well-being of minor’s female sibling.

“(2) This conduct included: (a) forcing the minor’s sibling on numerous occasions prior and subsequent to age nine to sit on his lap when his penis was erect; (b) fondling the minor’s sibling’s breasts from age nine through the teen-age period; (c) inserting his finger in minor’s sibling’s vagina and anus; and (d) observing minor’s sibling in the nude contrary to her wishes.

“(3) The course of conduct constituted sexual molestation.

“(4) There is a substantial present danger posed to minor Dorothy as a result of the prolonged abusive conduct of the father toward minor Dorothy’s sibling.

“(5) Due to the tender years of minor Dorothy, three years at the time of the within allegation, and thus her inability to articulate dangers to her person, the Court’s jurisdiction is necessary.”

Following three further hearings the court made its disposition order declaring the minor to be a dependent of the court and placing her in the home of her stepmother, Joanne I. Appellant’s notice of appeal was timely filed.