In re S.S. CA2/8

Filed 4/9/13 In re S.S. CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re S.S., a Person Coming Under the B242925 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK91434) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

J.S.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Marguerite Downing, Judge. Dismissed.

Catherine C. Czar, under appointment by the Court of Appeal, for Defendant and Appellant.

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

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On appeal, father J.S. attempts to challenge a jurisdictional order involving his seven-year-old son S.S. Father fails to raise a justiciable issue and we therefore dismiss the appeal. FACTS AND PROCEDURE Mother J.S. is the parent of K.S. (born in 1996), A.G. (born in 1998), B.G. (born in 2001), S.S. (born in 2005) and C.S. (born in 2008). Father is the biological parent of S.S. and C.S., and the stepfather of the other children. Father had a lengthy criminal history dating back to 1987, when he plead guilty to possession of a controlled substance for sale. Father‟s most recent conviction was in 2006 for possession of a controlled substance. 1. Petition On January 13, 2012, the Los Angeles County Department of Children and Family Services filed a petition, which as later amended alleged (1) mother physically abused A.G. by striking her with a fishing pole and with extension cords; (2) father was violent towards mother, and mother failed to protect the children from father‟s violence; (3) father sexually abused A.G., including digitally penetrating and orally copulating her vagina, fondling her breasts, forcing her to orally copulate him, and giving her a vibrator; (4) father threatened to kill A.G. if she disclosed the sexual abuse; and (5) mother allowed father into the home after learning father sexually abused A.G. 2. Sexual Abuse of A.G. On January 10, 2012, A.G. told her teacher father had been sexually abusing her for several years, beginning when she was eight years old. A.G. stated father fondled her private parts, forced her to perform oral sex on him, and gave her a vibrator. A.G. did not speak out sooner because father threatened to kill her if she told anyone. A.G. said father touched her vagina, and rubbed her breasts and buttocks. She said father digitally penetrated her vagina. A.G. reported father ordered her to orally copulate him and he licked her vagina. Father also showed her pornographic movies. A.G. said father did not have intercourse with her because “the doctor would know and people would be able to tell.”