Los Angeles County Department of Children & Family Services v. Edwin H.

A 32-year-old man who claims to be in love with a 12-year-old child living in his household engages in tongue-to-tongue or French kissing with her on at least three occasions. Is it a permissible inference that this behavior, although inappropriate, was not sexual in nature or is the only reasonable inference under these circumstances that the man kissed the child “with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires” of himself or her within the meaning of Penal Code section 288? Contrary to the juvenile court’s implied finding, French kissing between an adult and a 12-year-old child who describe themselves as “in love” is inherently sexual. Accordingly, we reverse the juvenile court’s order dismissing allegations of sexual abuse in a dependency petition pursuant to Welfare and Institutions Code section 300, subdivision (d) 1 and direct the court on remand to reconsider requiring the offending adult to participate in a sexual abuse program for perpetrators rather than a sexual abuse awareness program.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Parties

Reyna F. is the mother of two daughters, 13-year-old R.C. and 12-year-old…