In re M.L. CA2/2

FACTS AND PROCEDURAL BACKGROUND

Detention, Jurisdiction and Guardianship The department filed the section 387 petition after M.L. made allegations that her legal guardian, maternal uncle, David E., Jr. (David) had sexually abused her multiple times over a four-year period. The department also filed a section 388 petition to terminate the guardianship by David and his spouse Guadalupe E. over M.L., who was 16 years old, and three of her younger siblings: sisters (14-year-old S. L. and 13-year-old P. L.) and brother (10-year-old, L. L., Jr., hereafter L.L. Jr.). M.L. and three of her younger siblings initially came to the juvenile court’s attention on September 6, 2005, when the department filed a section 300 petition on their behalf. The children were removed from their parents’ custody and placed in two separate foster homes after the department received two referrals in 2005 alleging their mother, V.E. (Mother), abused drugs. The initial referral, which was made on June 15, 2005, was closed during the investigation after Mother fled with the children. Mother attempted to flee after a second referral was made on August 24, 2005. However, the department located Mother and children…