K.A.

K.A. v. Superior Court CA4/2

Good Law
Court of Appeal of CaliforniaNovember 12, 2021E077667California4,367 words

Opinion

Opinion

BACKGROUND

The subjects of this appeal are the three children of D.A. and mother: L1 (born in

April 2014), L2 (born in March 2017), and L3 (born in September 2020). Mother also

has two children from a prior relationship, G.M. and J.M.

1. The events leading to dependency proceedings involving L1 and L2

In October 2018, 14-year-old G.M. revealed to her father that two years earlier her

stepfather, D.A., had made her touch his penis. Her father reported the incident to the

police.

Investigation revealed that D.A. had also sexually molested another child in his

family over a period of eight years, including instructing that child to rub his penis until

he ejaculated. Mother had heard about D.A.’s “relationship” with that victim but said she

was not sure about the details. Even so, when G.M., then 12 or so years old, told mother

about D.A. forcing her to touch his penis, mother did not believe her. She instructed

G.M. “to forget about it and forgive” D.A. and to lie to any investigating authorities so

All statutory references herein are to the Welfare and Institutions Code.

2 the children would not be removed from home. In response to her mother, G.M. recanted

the…

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