Fresno County Department of Social Services v. Tommy C.

[696]Opinion

BEST, Acting P. J. Statement of the Case

On September 21, 1988, the minors, Christy, Tomi, and Shawn, ages six, four, and three, respectively, were placed in protective custody by the Fresno City police. Separate petitions pursuant to Welfare and Institutions Code1 section 300 were filed on September 23, 1988, alleging that Christy had reported she and her siblings had been sexually molested by her father and mother. The petitions alleged that the children were residing with their father at the time of their detention.

An order that the minors be detained and have no contact with their parents was made by the juvenile court on September 26, 1988. The parents were allowed to begin supervised visits on October 3, 1988.

Amended petitions were filed on October 24, wherein it was alleged that a registered nurse who had examined Christy believed that injuries sustained by Christy were consistent with having been sodomized. Second amended petitions were filed on January 25, 1989, alleging that Thomas C., hereinafter father, had caused injuries to the minors that were consistent with being sodomized. The petitions further alleged that father had sexually molested his children by orally copulating them. The second amended petitions contained no allegations with regard to the minors’ mother.

The department of social service’s (DSS) motion to dismiss the petitions was granted after a hearing on January 26, 1989. On February 9, 1989, a dismissal order as to each of the petitions was entered and filed stating the dismissal was without prejudice.

Statement of Facts

Hearing on Motion to Dismiss

In support of its motion to dismiss the petitions, DSS called as a witness Julie Gonzales, the case manager assigned to the minors’ case.2 Gonzales testified that she had met with the minors’ mother and made an investigation as to whether mother would be an appropriate care provider for the [697]children. Gonzales spoke with the social worker involved with the case in Blythe, where mother was living, and learned that mother had been attending counseling for parents of children who have been molested. Mother’s counselor’s opinion was that mother was doing very well, had been attending regularly and that mother was able to take care of her children. In addition, mother was very cooperative and motivated to do anything necessary to establish that she could properly care for her children.