In re L.M. CA2/1

BACKGROUND

The section 300 petition On December 12, 2012, DCFS filed a petition on behalf of L.M., who was then six-years old, alleging she was a child described under section 300, subdivisions (a) (physical abuse), (b) (failure to protect), and (d) (sexual abuse). The petition alleged under section 300, subdivision (a), that paternal grandfather physically abused L.M. when he pulled her hair, ears, legs, and arms, and that Father knew of paternal grandfather’s physical abuse and failed to protect her. The petition also contained a count of physical abuse and failure to protect under section 300, subdivision (b). The allegations pertaining to physical abuse were eventually dismissed. As amended and sustained on December 27, 2013, the petition alleged under section 300, subdivisions (b) and (d) that on prior occasions paternal grandfather sexually abused L.M. by fondling her vagina and Father knew of paternal grandfather’s sexual abuse of L.M., but failed to protect her.

1 Undesignated statutory references are to the Welfare and Institutions Code.

2 Events leading up to filing of the section 300 petition On November 30, 2012, DCFS received a referral based on a November 29,…