In re Jesus G. CA2/3

Filed 3/22/13 In re Jesus G. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

In re JESUS G. et al., Persons Coming B243216 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK82120) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JESUS G. et al.,

Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Debra Losnick, Referee. Reversed.

Cristina Gabrielidis, under appointment by the Court of Appeal, for Appellants.

John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel and Sarah Vesecky, Deputy County Counsel, for Plaintiff and Respondent.

_____________________

INTRODUCTION Appellants Jesus G., Jr. (Jesus) and Enrique G. (Enrique) contend that there was no substantial evidence supporting the juvenile court‟s jurisdictional findings that they were children who fell within the description of Welfare and Institutions Code section 300, subdivision (b).1 We agree. FACTUAL AND PROCEDURAL BACKGROUND 1. The G. Family Jesus and Enrique were born in May 1997 and March 2001, respectively. They are the sons of Jesus G., Sr. (father) and Marisol G. (mother), who married in approximately 1994. Mother and father also have a daughter, Maria, who was born in July 1995. 2. Father’s Previous Sexual and Physical Abuse of Maria On August 9, 2010, in an earlier case, the juvenile court sustained the dependency petition of respondent Los Angeles County Department of Children and Family Services (the Department) with respect to Maria, Jesus and Enrique. The petition alleged that in 2005, when Maria was nine years old, father sexually abused her. Father allegedly fondled Maria‟s vagina after making her sit on his lap and removing her pants. He also allegedly removed the belt of his pants and exposed his penis. The petition further alleged that father physically abused Maria by grabbing, choking and pushing her. For purposes of this appeal, Jesus and Enrique do not dispute that the allegations in the previous petition were true. On September 12, 2011, the juvenile court terminated its jurisdiction over Jesus and Enrique. In so doing, the court issued a “family law order” granting mother sole