In re Destiny L. CA5

INTRODUCTION

Dependency proceedings commenced following a referral that Juan L. had sexually abused his stepdaughter D.U. and her mother had failed to protect. On appeal, Juan argues the court abused its discretion in denying his request for supervised visitation with his own children by applying the wrong legal standard and relying on unsubstantiated allegations. Specifically, he asserts the court relied upon mother’s unsubstantiated statement that Juan also molested their three children, finding such visitation would be against their best interests. We will affirm.

RELEVANT BACKGROUND

D.U. revealed her stepfather Juan had been molesting her for years after her mother found Juan lying atop D.U. and also found soiled clothing belonging to both D.U. and Juan. Mother reported the incident to police. Juan was arrested but eventually released from custody. Mother let Juan back into the home on two occasions. Mother’s siblings reported to authorities Juan was back in the home and he was a registered sex offender. They feared he would continue to abuse D.U. Dependency proceedings commenced pursuant to Welfare and Institutions Code1 section 300. D.U. and her three half siblings,…