In re D.T. CA2/3

INTRODUCTION

Legal guardian Suzanne M. appeals from the order of the juvenile court sustaining a petition under Welfare and Institutions Code1 section 300, subdivisions (b) and (d) after finding true that Suzanne has a history of alcohol abuse, domestic violence, emotional problems, and had sexually abused her grandson and ward, D.T. We conclude there is no evidence to support the allegations that Suzanne sexually abused D. or that the child is at risk of sexual abuse. Accordingly, we reverse the portion of the jurisdictional order finding true counts (b)(5) and (d)(1). In all other respects, the order is affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

The Department of Children and Family Services (the Department) filed and the juvenile court sustained a petition alleging that Suzanne, grandmother and guardian of then 10-year-old D., and her male companion engaged in a violent altercation outside Suzanne’s house while the child was inside, and Suzanne’s history of alcohol abuse along with her emotional problems placed the child at risk of harm. (§ 300, subd. (b).) More relevant to this appeal, the court sustained counts (b)(5) and (d)(1), as amended to conform to proof, under…