In re T.G. CA3

BACKGROUND

Mother and the minor’s father W.G. (father) were separated, and were involved in a contentious child custody dispute. In 2019, the family court ordered that the parents were to have joint legal and physical custody of the minor. In September 2020, the Yolo County Health and Human Services Agency (Agency) filed a dependency petition on behalf of the minor (then almost 12 years old and diagnosed with Down Syndrome) alleging sexual abuse of the minor by father and risk of harm due to mother’s fixation on the sexual abuse allegations and her own mental health issues. The minor was removed from father’s custody and placed with mother. Thereafter, the juvenile court ordered that father not be allowed to visit the minor. The Agency reported that although the minor was 12 years old, she was developmentally six to eight years old. As a result, she lacked the capacity to protect herself and was at an increased risk of vulnerability to abuse. Father denied the allegations of sexual abuse. Mother reported a diagnosis of PTSD and depression. It appeared that her decision-making and mental health were impacting her ability to provide safe and stable parenting for the minor. The…