In re Lucas S. CA2/1

BACKGROUND

The background of this matter has been well-documented in our previous opinion, Lucas I, supra, B229906. Briefly, on December 28, 2010, Father appealed from the juvenile court’s October 28, 2010 jurisdictional and December 28, 2010 dispositional orders adjudging Lucas a dependent of the juvenile court pursuant to section 300, subdivision (b) (failure to protect). On September 22, 2011, we affirmed the orders of the court. (Lucas I.) As amended and sustained, paragraph b-1 of the petition alleged under section 300, subdivision (b) that “‘[Father and Mother] had a sexual relationship which resulted in the birth of Lucas. [Father is Mother’s] stepfather and served in a paternal relationship in her life and abused a position of trust as she resided in his home prior to her 18th birthday. There is a 30-year difference in their ages, and the relationship lasted for a substantial period of time. [¶] Lucas is a special needs child, and this relationship has caused Mother severe emotional and mental issues which endangers Lucas’s physical and emotional health and safety and places [Lucas] at risk of physical and emotional harm, damage, danger and sexual abuse.” (Lucas I, p. 9.)…