CA4/1

DISCUSSION

A

Contentions on Appeal

Ricardo contends there is not substantial evidence to support the court's findings

under section 300, subdivisions (b) and (d). He argues by the time of the jurisdictional

hearing, the children's medical needs had been resolved and they no longer were at risk of

serious physical harm or illness. With respect to the sexual abuse findings, Ricardo

asserts there is no evidence to show his inappropriate touching of his sons was motivated

by any sexual interest in his children. He further asserts there is no evidence to support a

finding his daughter had been sexually abused or was at risk of sexual abuse.

B

Legal Principles and Standard of Review

At the jurisdiction hearing, the court considers only the question whether the child

is described by one or more subdivisions in section 300. Under section 300, subdivision

(b), the Agency must show that the child has suffered, or there is a substantial risk that

the child will suffer, serious physical harm or illness, as a result of the failure of his or her 3 parent to adequately supervise or protect the child. "The three elements for a section 300,

subdivision (b) finding are:…