Weigel

Weigel v. Robert A.

Good Law
177 Cal. App. 3d 195·1986 Cal. App. LEXIS 2540·222 Cal. Rptr. 741
Court of Appeal of CaliforniaJanuary 16, 1986No. A023260California3,067 words

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…

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