R.V.

San Diego County Health and Human Services Agency v. R.V.

Good Law
145 Cal. Rptr. 3d 772·2012 Cal. App. LEXIS 894·208 Cal. App. 4th 837·2012 WL 3568228
Court of Appeal of CaliforniaAugust 20, 2012No. D061391California4,500 words

Opinion

Lead Opinion

Huffman, J.

R.V., Sr. (the father), appeals a judgment declaring his minor son, R.V., Jr. (R.V.), a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivision (j), 1 and removing him from parental custody based on findings R.V. was at substantial risk of sexual abuse by the father, who had sexually abused R.V.’s older sister. The father contends (1) the evidence was insufficient to support the court’s jurisdictional finding that R.V. was at substantial risk of sexual abuse within the meaning of section 300, subdivision (j); (2) allowing the petition to be amended to allege harm or risk of harm other than sexual abuse would violate the father’s due process rights; and (3) there was no substantial evidence to support the court’s dispositional order removing R.V. from his mother’s custody. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In September 2011, the San Diego County Health and Human Services Agency (Agency) received a referral that the father had been molesting R.V.’s 10-year-old half sister, Y.R. 2 Y.R. reported the father touched her breasts, put his hand inside her panties and forced her to watch a pornographic movie with him…

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