In re K.A. CA2/2

Good Law
Court of Appeal of CaliforniaMay 16, 2023B316357California4,270 words

Opinion

Opinion

BACKGROUND

Existing Family Law Order Pursuant to an existing family law order, mother and father shared joint legal custody. Mother had physical custody of minor, with father having overnight visits with minor every first and fourth weekend of the month. Referral In June 2021, DCFS received a referral alleging that minor was visiting her maternal aunt (aunt) in Kentucky when the child disclosed that, in May 2021, father had touched her vaginal area under her clothing while they slept in the same bed. Initial Investigation In response to the referral, a DCFS social worker contacted aunt by telephone on June 23, 2021. Aunt explained that minor and minor’s half-sibling had been in her care in Kentucky since

86, 110 [“While appellate courts rarely consider postjudgment evidence or evidence developed after the ruling challenged on appeal, such evidence is admissible for the limited purpose of determining whether the subsequent development has rendered an appeal partially or entirely moot”].)

3 June 9, 2021.3 Minor told aunt that “‘Daddy touched me[,]’” which aunt immediately reported to mother. Mother asked aunt to take minor “to be checked out.” When examined, minor “complained…

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