In Re Rubisela E.

Ruben E. (Father) appeals following the juvenile's court's adjudication and disposition of a petition alleging he had molested his oldest daughter. That child, Rubisela E., was removed from the home; the other five children in the family were also found to be within the jurisdiction of the juvenile court but were allowed to remain in the home of their mother, with appellant Father allowed monitored visitation. He contends that substantial evidence does not support the juvenile court's decision and that the Department has not proved violation of Welfare and Institutions Code section 300, subdivisions (b), (c), (d), and (j). We shall reverse jurisdiction as to the sons, modify the jurisdictional order and otherwise affirm.

The petition in this matter was filed June 21, 1999, alleging that the six minor children of Odulia (Mother) and Father came within the jurisdiction of the juvenile court under Welfare and Institutions Code section 300, subdivisions (b), (c), (d), (i), and (j). [1] The incident giving rise to the petition occurred on June 17, 1999, involved the alleged sexual abuse of the oldest child by Father. It was initially alleged that Father "sexually abused…