In re I.B. CA2/5

Filed 3/21/24 In re I.B. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re I.B., a Person Coming Under B328681 the Juvenile Court Law. __________________________________ (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. DEPARTMENT OF CHILDREN 22CCJP04643A) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

N.B.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Nancy Ramirez, Judge. Affirmed. Michelle D. Peña, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Navid Nakhjavani, Principal Deputy County Counsel, for Plaintiff and Respondent.

N.B. (Mother) and M.B. (Father) are the parents of their six-year old daughter I.B. (Minor).1 The juvenile court took dependency jurisdiction over Minor on various grounds including domestic violence between the parents, Father’s sexual abuse of Minor, and Mother’s failure to protect Minor from that sexual abuse. Mother challenges only the court’s finding that she did not protect Minor from sexual abuse. We consider whether we must discuss that finding in light of the other unchallenged jurisdiction findings against Mother.

I. BACKGROUND A. The Dependency Investigation and Petition On Sunday, August 28, 2022, Mother picked Minor up from Father’s home after a visit. Mother noticed Minor seemed upset and was tugging at her shorts. Minor revealed Father digitally penetrated her vagina, and Mother took Minor to the emergency room. Minor advised the treating doctor that, while napping at Father’s home, she awoke to find Father touching her vagina. Minor advised that this was the first time Father had touched her inappropriately. Although the genital examination revealed no abrasions or lacerations, the doctor repeatedly advised Mother that the absence of such findings did not indicate an absence of abuse—a fact that Mother appeared to have difficulty accepting. The hospital reported the matter to the local authorities. In a police interview the following day, Minor related the same facts she told the doctor. Mother told the police officer she thought Minor was not telling the truth.