Weigel
Weigel v. Robert A.
Opinion
Lead Opinion
Rouse, J.
Defendant Robert A. appeals from an order declaring his daughter, Dolly, a dependent child of the court (Welf. & Inst. Code, § 300) and from a subsequent dispositional order. 1 We reverse the jurisdictional order and remand for a new jurisdictional hearing.
I.
Dolly is the daughter of divorced parents. In February 1983, Dolly, who was then seven years of age, returned from a weekend visit to her father, defendant Robert A., and told her mother that during that visit and on *198 previous visits defendant had fondled her genitals and taken photographs of her in nude poses. A medical examination found Dolly’s vaginal area to be reddened and tender, and a search of defendant’s home uncovered seven Polaroid snapshots of Dolly posing nude.
A petition filed March 3, 1983, alleged that Dolly was residing in a home unfit by reason of depravity because of sexual molestation by defendant. (Welf. & Inst. Code, § 300, subd. (d).) Criminal charges were also instituted against defendant for violations of Penal Code section 288, subdivision (a) (lewd and lascivious conduct with a minor). In the criminal matter, defendant was released on his own recognizance under an order prohibiting…