James W. v. SUPERIOR COURT OF SAN DIEGO CTY.

Good Law
17 Cal. App. 4th 246·1993 Cal. App. LEXIS 742·21 Cal. Rptr. 2d 169·93 Daily Journal DAR 9211·93 Cal. Daily Op. Serv. 5449
Court of Appeal of CaliforniaJuly 16, 1993D017377California4,928 words

Opinion

Opinion

Benke, J.

Factual And Procedural Background

1. The Report of Child Abuse

On the morning of May 9, 1989, eight-year-old Alicia W. complained of pain when she went to the bathroom. Her parents brought her to the Navy medical unit by 8:30 a.m. The family was then escorted to Children’s Hospital where staff determined Alicia had been raped and sodomized, and filed a report under the Child Abuse and Neglect Reporting Act. Alicia stated that a man had come through the bedroom window and hurt her.

Late that afternoon, a hospital worker and detective accused Alicia’s father of the molest. In an attempt to prove the father’s innocence, the parents agreed to have their home searched and talk with the police, and the father submitted to a rape test, a DNA test and three polygraph tests.

2. The Defendants’ Conduct

By May 11, the department of social services (DSS) filed a dependency petition and the following day had Alicia placed in temporary foster care. Meanwhile, DSS investigative employee Diane Anderson interviewed the parents and referred them to a private family counselor, Kathleen Good-friend. At her first session with the family on May 11, Goodfriend accused the father of the…

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