Department of Children's Services v. Luis A.

Opinion

BOREN, J. In this dependency case, we conclude that substantial evidence supports the juvenile court’s assertion of jurisdiction over the minor children, and its dispositional orders.

Facts

On March 29, 1991, respondent department of children’s services (the Department) filed a petition seeking to have Dorinda and Edwin A. and their two siblings declared dependent children of the court pursuant to section 300 of the Welfare and Institutions Code.1 The amended petition alleged that the minor children’s natural father, appellant Luis A., sexually abused Dorinda; that the minors were exposed to violent confrontations between their parents; that appellant beat the children with a belt and broom, and kicked them, causing unreasonable pain and suffering; that their parents were not adequately providing for, supervising or protecting them; and that there was a substantial risk of continued abuse.

At the time, Dorinda was four years old and Edwin was two years old.

[1660]Appellant was arrested on March 27,1991, for committing a lewd act with a child under the age of 14, and the minor children were placed in the Department’s custody.

In a report dated March 28,1991, the Department’s social worker reported that Dorinda was displaying sexualized behavior. Specifically, Dorinda had taken her mother’s hand and placed it on Dorinda’s vaginal area and breasts. When questioned by her mother, Dorinda stated that appellant did this to her. Dorinda told the caseworker and a police officer that appellant rubbed her “like this,” and vigorously rubbed her genitals, reporting that this occurred in both the bedroom and the bathroom. Dorinda’s 2 half sisters, ages 10 and 14, and a 16-year-old aunt all stated to the caseworker that appellant would take Dorinda into the bedroom or bathroom for 20 minutes when their mother was not at home. All three of them indicated that Dorinda had been grabbing their genitals and, when questioned, had said, “[T]hat’s what papa does to me.” Dorinda’s mother had observed appellant lying on the bedroom floor with Dorinda.

The children were released to their mother’s custody on April 1, 1991.

In a follow-up report dated May 7, 1991, the Department’s social worker reiterated the facts contained in the original report, adding that appellant had in the past beaten the minors’ mother with such force that she lost consciousness, and that the minors had witnessed the beatings. Also, when appellant would take Dorinda into the bedroom or bathroom, her sisters would see her crying on her way there. On one occasion, Dorinda asked a sister not to leave her alone in the bathroom because she was afraid appellant would come in and “go like this,” at which time she rubbed her genitals. At the time of appellant’s arrest on charges of child molestation, he was on probation for spousal abuse.