In re David B. CA4/3

FACTS

In September 2013, the Orange County District Attorney filed a juvenile court petition (Welf. & Inst. Code, § 602) alleging 12-year-old David B. committed three violations of lewd acts on a child under age 14 (Pen. Code, § 288, subd. (b) [forcible; count 1], § 288, subd. (a) [nonforcible; counts 2 and 3]; all statutory citations are to the Penal Code unless noted) and one misdemeanor count of dissuading a witness (§ 136.1; count 4) between January and July 2013. At the detention hearing, the juvenile court ordered minor released to his mother’s custody. The court issued an order restraining him from contact with his five-year-old half sister I.S. Six-year-old I.S. testified at the jurisdiction hearing she lived with the children’s father and I.S.’s stepmother. Minor, I.S.’s brother, lived with his mother, but visited his father three weekends a month. I.S. described playing a “popsicle game” in her room with minor. She kneeled on the carpet and he sat on her lower bunk bed. He told her to close her eyes, she opened her mouth, and he put “part of his skin” in her mouth and he said “not to bite.” She thought his shorts or pants were unbuttoned, but later said she did not…