Los Angeles County Department of Children & Family Services v. Alejandro S.

Bad Law
139 Cal. Rptr. 3d 774·2012 Cal. App. LEXIS 444·205 Cal. App. 4th 48·2012 WL 1353753
Court of Appeal of CaliforniaApril 19, 2012No. B234147California3,303 words

Opinion

Lead Opinion

Manella, J.

Appellant Alejandro S. appeals the dispositional order detaining his two young sons, Alexis and Alejandro, and limiting appellant to monitored visitation with them. Appellant contends that evidence he inappropriately touched the boys’ adolescent half sister, E.G., did not support that the *50 boys were at risk of sexual abuse or otherwise justify the dispositional order. We agree and reverse the dispositional order only.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant and the children’s mother (Mother) have been together as a couple since 2000, when E.G. was approximately one year old. 2 Their sons, Alexis and Alejandro, were born in 2001 and 2003. The sexual abuse allegations came to the attention of the Los Angeles County Department of Children and Family Services (DCFS) in November 2010 after E.G., then 13, ran away from home. 3 When E.G. was located, she informed police officers and the caseworker that she did not want to go back home because appellant had been touching her inappropriately. E.G. reported that the touching had begun approximately six months earlier and described two specific occasions. On one occasion, when Mother was in the bathroom and E.G. was…

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