In re J.S.

A.S. (the mother) and P.B. (the father) appeal from orders asserting dependency jurisdiction over their children, N.S. and J.S. (collectively the children), and removing the children from their custody.

In the unpublished portion of this opinion, we will hold that there was insufficient evidence to support jurisdiction based on the mother’s alleged failure to protect the children against sexual abuse by the father. However, there was sufficient evidence to support jurisdiction based on the mother’s substance abuse; moreover, the juvenile court also found jurisdiction on other grounds, which the parents do not challenge.

In the published portion of this opinion, we will hold that there was sufficient evidence to support the removal of the children from both parents based on domestic violence. We will also hold that, even though the father’s 1997 Kentucky conviction for second degree sexual abuse was a misdemeanor under Kentucky law, it constituted a “violent felony” for purposes of the denial of reunification services under California law.

We find no other error. Accordingly, we will modify the jurisdictional findings, and we will affirm the jurisdictional and…