San Diego County Department of Social Services v. Jose O.

*911 Opinion

Jose O. (Father) appeals an order of the Juvenile Court establishing jurisdiction over his two minor children, Carmen O. (age four) and her younger brother, Francisco O. (age three), and removing the children from his custody. The order was based on a finding under Welfare and Institutions Code section 300, subdivisions (d) and (j) that Father had sexually abused Carmen and that Francisco also was in danger of abuse. Father contends that the court’s ruling was based on inadmissible evidence, and that when the improperly admitted evidence is excluded there is insufficient evidence to support the order.

As our recitation of the testimony will indicate, assuming the questioned evidence was properly admitted, there is ample evidence to support the court’s findings and order. Accordingly, we will address the evidentiary issues and in so doing will find that Father’s contentions should not be sustained, making it unnecessary for us to assess in any depth the remaining weight of the evidence.

The court conducted separate jurisdictional and dispositional hearings. The notice of appeal states that it is an appeal from the dispositional order. We conclude, however, that it…