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C.A v. the Superior Court of San Diego County

November 15, 2011

C.A., PETITIONER,
v.
THE SUPERIOR COURT OF SAN DIEGO COUNTY, RESPONDENT;



SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Real Party in Interest. (San Diego County Super. Ct. No. NJ14329)

The opinion of the court was delivered by: O'rourke, J.

C.A. v. Superior Court

CA4/1

NOT TO BE PUBLISHED I OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

PROCEEDINGS in mandate after referral to a Welfare and Institutions Code section 366.26 hearing. Michael Imhoff, Commissioner. Petition denied. Stay denied.

C.A. seeks review of juvenile court orders setting a hearing under Welfare and Institutions Code*fn1 section 366.26. He contends there is no substantial evidence to support the juvenile court's finding that reasonable services were offered or provided to him. We deny the petition.

FACTUAL AND PROCEDUAL BACKGROUND

C.A. and U.M.*fn2 are the married parents of three daughters, Cynthia A., Jacqueline A. and Jocelyn A., now ages eight, five and four years, respectively (collectively, the children). C.A. is also the alleged father of Y.A., now age 16 years, who joined the family from Mexico. This proceeding concerns only the children.

On September 1, 2010, police were called to the family home after C.A. and his brother-in-law had a violent confrontation in the children's presence. Y.A. was hit in the head with a bottle and required medical treatment. U.M. reported a history of domestic violence. Cynthia said the fight started when U.M. saw C.A. kissing Y.A. U.M. said she discovered C.A. and Y.A. having sexual relations in her bed and described other incidents in which she saw C.A. inappropriately touch Y.A.

Y.A.'s forensic examination was abnormal. She had extensive tears and venereal warts. C.A. and Y.A. denied any sexual activity. Y.A. reported she was sexually assaulted in July 2010 by U.M.'s cousin. Hospital staff said they tried to examine Y.A. in July but she did not cooperate. They suspected Y.A. was brought to the United States for prostitution. She did not know her birth date and appeared younger than her stated age of 15 years. Her pubic area had been shaved. Y.A. could not read or write. Hospital staff suspected she was developmentally delayed.

C.A. was arrested on September 2 and charged with three counts of lewd and lascivious acts. On September 9 the authorities dismissed the charges and deported C.A. to Mexico. In February 2011 the results of DNA testing were made available. DNA on sperm taken from Y.A. matched C.A.'s DNA.

The San Diego Health and Human Services Agency (Agency) filed dependency petitions on behalf of the children and Y.A. (§ 300, subds. (b), (j).) The social worker alleged that in addition to domestic violence and sexual abuse, the family home was filthy, unsanitary and infested with cockroaches. The children had poor hygiene, dirty clothes, lice and severe tooth decay.

The jurisdictional and dispositional hearing in the children's cases was held on October 29. The juvenile court sustained the petitions and removed the children from parental custody, placed them with a relative, approved U.M.'s family reunification case plan and ...


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