Los Angeles County Department of Children & Family Services v. Superior Court

The Los Angeles County Department of Children and Family Services (Department) seeks a writ of mandate to reverse respondent court’s order dismissing a petition filed under Welfare and Institutions Code *152 section 300, subdivisions (b) and (d). 1 Respondent court dismissed the petition, finding that a two-year-old male, S.G., was not at substantial risk of sexual abuse by S.G., Sr. (father), even though father was convicted of sexually assaulting young boys on two separate occasions, was civilly committed as a sexually violent predator (SVP) for almost 13 years after his seven-year prison term, and discontinued any sex offender treatment after his release in 2009. We conclude the record does not contain substantial evidence to overcome the presumption of jurisdiction set forth in section 355.1, subdivision (d). The Department’s petition is therefore granted.

FACTUAL AND PROCEDURAL BACKGROUND

Father’s 1986 and 1989 Sex Crimes

In 1986, father pled guilty to violating Penal Code section 288, committing lewd and lascivious acts with a minor under 14. According to the police report, father sodomized a 10-year-old boy on June 5, 1986. The crime took place at an elementary…