Los Angeles County Department of Children v. Superior Court

INTRODUCTION

Petitioner Los Angeles County Department of Children and Family Services (DCFS) seeks a writ of mandate to set aside respondent juvenile court’s order dismissing a petition under Welfare and Institutions Code section 300, subdivisions (a), (b) and (j) as to 10-year-old female K.R., despite respondent’s finding that real party in interest, her father, V.R., sexually abused her elder half sister, N.C., for five years, including at the same age that K.R. is now. Because we hold that the trial court erred in dismissing the petition, we grant the petition for writ of mandate.

BACKGROUND

In 2012, DCFS received a referral alleging past sexual abuse of N.C. by father. N.C. reported that father had sexually abused her by inappropriate touching when she was about seven or eight years old until she was about 12 years old—which was about five or six years prior to the filing of the petition. Father would tell N.C., “Don’t tell your mom. It’s our little secret.” N.C.’s mother started dating father when N.C. was four or five years old, and father moved in with them. In 2002, when N.C. was about seven or eight years old, K.R. was bom to mother and father. It was around…