CHILDREN AND THE LAW
...Dependency Petitions
......Jurisdictional Hearing
.........Jurisdictional Grounds
............300(d): Sexual Abuse
 17 Cards On This Topic:
  • Petition for dependency may be sustained due to actual or potential sexual abuse.
  • Sexual abuse of step-granddaughters by grandfather places male and female minors who remain in the home at risk of similar aberrant sexual behavior.
  • Trial ct. correct that D posed risk to siblings where his conduct was "'so sexually aberrant'" as to one child, it supported "the common sense conclusion that most every person in the family home was at risk of sexual abuse."
  • No error in finding F's son not at risk of sexual abuse where no risk factors present and the premise that same-sex sexual abuse may start with contact sports does not compel the conclusion that F was at risk.
  • French kissing between an adult and a 12-year-old child who describe themselves as "in love" is inherently sexual and juvenile court erred in dismissing sexual abuse allegations.
  • Mother's remaining in abusive relationship, and returning to F despite being abused by him, supported juvenile court's finding that her conduct in the domestic altercations endangered Cs.
  • Substantial evidence supported finding F sexually abused daughter; as allegations recent, they demonstrated she was currently at risk of harm and sexual abuse.
  • Substantial evidence supported finding that sexually abused C's brothers at risk of harm per W&IC 300(b)&(d): Where C sexually abused, any younger sibling nearing age she was abused may be found at risk of sexual abuse.
  • Photos parents took of themselves and children in various states of undress constituted sexual abuse under W&IC 300 (d).
  • Brother of girl sexually abused by father was personally the victim of sexual abuse as defined in W&IC 300 (d) and was at substantial risk of future sexual abuse.
  • Evidence sufficient for trial ct. to believe H failed to protect minor daughter from sexual abuse by relatives and driver in Saudi Arabia.
  • Given F's molestation of daughter, and finding she fell within Welf. & Inst. Code §300 (c) & (d), evidence supported abuse/neglect finding under (j) as to her sister, but not her brothers.
  • Juvenile court, in role as parens patriae, may decide sexual abuse issue despite continued hearing pending in family law court in another jurisdiction.
  • Although aunt’s testimony as to child’s statements re physical abuse inadmissible under hearsay rule, jurisdiction viable based on preponderance. of evidence of sexual abuse.
  • Court has duty to take jurisdiction where minor clearly molested, but identity of perpetrator unknown.
  • Cases discussing various aspects of sexual abuse grounds for dependency finding.
  • Child Sexual Abuse Accommodation Syndrome (CSAAS)


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