In re David R. CA2/1

FACTS AND PROCEEDINGS BELOW

At the time of the filing of the petition in this case, the family consisted of Father, his son David (age two), David’s mother A.C. and A.C.’s daughter, S.G. (age six). The juvenile court found jurisdiction over S.G. under section 300, subdivision (d), based on evidence that on a single occasion Father forced S.G. to masturbate him to ejaculation and fondled her breasts. This incident took place away from the family home at an apartment that Father was painting. No one else was present.2

1 All statutory references are to the Welfare and Institutions Code. 2 The court took jurisdiction of S.G. as a result of Father sexually abusing her and her mother’s failure to protect her from that abuse. Father does not appeal that order. 2 The judicial officer found jurisdiction over David under section 300, subdivisions (d) and (j).3

DISCUSSION

Substantial evidence supports jurisdiction over David under section 300, subdivision (j). That subdivision applies when a child’s sibling has been abused or neglected as defined in subdivision (a), (b), (d), (e), or (i) “and there is a substantial risk that the child will be abused or neglected, as defined in those…