Minors. L. A. Cnty. Dep't of Children & Family Servs. v. Morena H. (In re Luis H.)

Good Law
14 Cal. App. 5th 1223·2017 Cal. App. LEXIS 752·222 Cal. Rptr. 3d 598
Court of Appeal of CaliforniaAugust 30, 2017B276237California1,347 words

Opinion

lead Opinion

Zelon, J.

*1225 Minors Luis H. and Alan H. appeal from the dismissal of the dependency petition filed on their behalf pursuant to Welfare and Institutions Code 1 section 300. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Morena H. has four children: Maria E. (born 2002), Leslie O. (born 2008), Luis H. (born 2012), and Alan H. (born 2016). In 2016 the family came to the attention of the Department of Children and Family Services when Leslie O. disclosed to her teacher that her mother's boyfriend and Luis H.'s father, Manuel B., had sexually abused her.

After an investigation also revealed possible physical abuse of Maria E. by Morena H., DCFS filed a petition alleging that the four children came within the jurisdiction of the juvenile court under section 300, subdivisions (a) (serious physical harm); (b) (failure to protect); (d) (sexual abuse); and (j) (abuse of sibling).

The juvenile court conducted a contested jurisdictional hearing. At the close of the hearing, the court dismissed the allegations of serious physical harm as to all children; concluded that Morena H. had failed to protect Leslie O. from being sexually abused by Manuel H.; and sustained the failure to protect and sexual…

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