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In Re C.Q. et al., Persons Coming Under the Juvenile Court v. C.Q

October 12, 2011

IN RE C.Q. ET AL., PERSONS COMING UNDER THE JUVENILE COURT LAW. SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, PLAINTIFF AND RESPONDENT,
v.
C.Q., DEFENDANT AND APPELLANT.



(Super. Ct. Nos. JD230765, JD230766)

The opinion of the court was delivered by: Hoch , J.

In re C.Q.

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appellant C.Q., Sr. (father), the father of the minors A.A. and C.Q., appeals the juvenile court's orders finding jurisdiction over the minors under Welfare and Institutions Code section 300,*fn1 subdivisions (b) (failure to protect), (d) (sexual abuse), and (j) (abuse of sibling), and the dispositional orders made by the court. (§§ 395, 300.) Father does not contest the juvenile court's orders regarding A.A. Father contends there is insufficient evidence to support the jurisdictional findings as to C.Q. regarding sexual abuse. We dismiss the appeal as to A.A. and affirm the judgment as to C.Q.

BACKGROUND

In June 2010, a social worker for the Sacramento County Department of Health and Human services (Department) and a Sacramento police officer visited the minors' home in response to allegations father molested three-year-old A.A. A.A. told a social worker, "My daddy hurts my no-no," and identified her genitals as her "no-no." Playing with a toy during the interview, A.A. pulled the top of her pull-up, pointed down towards her genitals, and said father put the toy "down here and it hurts my no-no." After the interview, father said, "my daughter is always complaining about her no-no hurting, that's why I don't clean her, I just dip her in the tub."

An inspection of the home revealed it was covered in dirty clothes; other dirty items were all over the floor, with roaches and other insects infesting the living room, kitchen, and bedrooms. The kitchen sink and counters were stacked with dirty dishes and rotting food. In the restroom, the toilet was broken, the seating part was placed against the wall, and feces and blood were smeared on the walls and floors. The food in the refrigerator was infested with ants and other insects. The parents were unwilling to open their locked bedroom door, while the minors' room was filthy, with dirty clothes, trash, and insects throughout. Both minors had head lice.

The minors were placed in protective custody, and the Department filed dependency petitions alleging jurisdiction pursuant to section 300, subdivisions (b), (d), and (j). The minors were detained later that month.

The mother denied almost all of the allegations. Father said the home was "not bad," and, unable to afford fumigation, he was using Black Flag and Hotspot in the kitchen and living room. Father declined to comment on the molestation allegations on the advice of his attorney.

Father told the social worker he was accused of orally copulating and fondling a six-year-old neighbor when he was 11. He was in therapy between the ages of 11 and 15, until his therapist indicated he was not making any progress. When he was 13, father was arrested for lewd and lascivious conduct with a child under the age of 14. (Pen. Code, § 288, subd. (a).) At the age of 17, he was sent to a group home for sexual offenders. Until father had children, he stayed away from children to prevent a relapse. Father has no adult criminal record.

A.A.'s physical exam was difficult to complete because the child was uncooperative. During the exam, A.A. kept saying, "be gentle with me" and "don't hurt me." The nurse was unable to use the "woods lamp" to detect dry moist secretion stains or foreign material on A.A. because she was afraid of the dark. The examining nurse could neither confirm nor negate sexual abuse.

In an interview, A.A. said, "Nobody has ever hurt me. Nobody has ever touched me somewhere I should not be touched." She told the interviewer no one touched her private area, and she would tell her father if she was touched there. Staff at the Children's Receiving Home reported ...


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