San Diego County Health & Human Services Agency v. Carlos R.

*115 Opinion

This appeal and cross-appeal concerns two minor children, Jordan R. and Nicholas R., who are the daughter and son of Carlos R. and his wife, L.R. Carlos appeals the juvenile court’s findings and orders adjudicating his daughter, Jordan, a dependent of the juvenile court under Welfare and Institutions Code 1 section 300, subdivision (d). The petition alleged Jordan was at risk of sexual abuse because Carlos had sexually abused a niece who was living in the family home. At the jurisdictional hearing Carlos sought to introduce the results of a polygraph examination 2 in which the examiner had concluded that Carlos was truthful when he denied that he had sexually abused his niece, but was precluded from doing so after the juvenile court found that polygraph examination evidence was not generally accepted in the relevant scientific community under Kelly/Frye. 3 He contends the juvenile court erred when it excluded the results of his polygraph examination. Carlos also argues the juvenile court’s finding that Jordan was at substantial risk of sexual abuse is not supported by substantial evidence.

The San Diego County Health and Human Services Agency (Agency) and the minor…