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

May 31, 2012

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



(Super. Ct. Nos. JD231262, JD231263, JD231264, JD231265, JD231266)

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

In re C.B. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Father (N.B.) appeals from the juvenile court's dispositional order denying him contact with minors C.B. and J.B. until further order of the court "pending the therapists['] recommendations."*fn1 Father, who is incarcerated in county jail and charged with 15 counts of molesting C.B.'s and J.B.'s older siblings, contends there was insufficient evidence to justify the finding that contact with C.B. and J.B. would be detrimental to them. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On January 26, 2011, the Sacramento County Department of Health and Human Services (the Department) filed petitions under Welfare and Institutions Code section 300*fn2 as to A.B., a 16-year-old girl; Na.B., a 14-year-old girl; R.B., a 12-year-old girl; J.B., a 10-year-old girl; and C.B., a five-year-old boy. The petitions alleged that father physically abused A.B. on more than one occasion; father sexually abused the three oldest girls on numerous occasions; mother (Cr.B.) knew or should have known of father's actions and failed to protect the minors; and the parents engaged in domestic violence in the minors' presence.

The detention report stated: A.B. disclosed to a mandated reporter in January 2011 that father had sexually abused her for five years by rubbing his erect penis against her buttocks, flashing his erect penis to her, showing her pornography, peeking at her in the shower, and appearing before her naked with an erect penis when she woke up. When she told him to stop, he would beat her with his fists. She had told her mother, but when her mother confronted him, he beat her also and threatened to kill her. According to A.B., the whole family was terrified of father.

The three oldest girls confronted father during a family meeting around last Christmas. He apologized and asked them if they wanted him to leave home, and they said "Yes," but mother asked them to give him another chance and got mad at the girls.

A.B. finally decided to report the matter because father had done something much worse to R.B., going into R.B.'s room late at night and sucking on her nipples. R.B. confirmed this charge and reported that father had also done to her the kinds of things he did to A.B. Na.B. reported that father had done similar things to her. Na.B. said she told the paternal grandmother and uncle about it, as well as mother.

Father was arrested on January 21, 2011, and charged with committing lewd or lascivious acts with children under 14, committing lewd acts on a child aged 14 or 15, engaging in three or more sexual acts with a child under 14, annoying or molesting a child, and sexual battery.

The day after father's arrest, A.B. called a detective and said she had made up her story.

Mother said she had heard the girls' stories, but had not seen father do any of those things. When she confronted him about some of the charges, he gave innocent explanations for his conduct. She initially denied that he had physically abused her, but finally admitted he had often threatened to kill her. She visited him repeatedly in jail, and the investigating detective was concerned about her capacity to protect the minors.

The two youngest minors (J.B. and C.B.) said father had not molested them and they had not seen ...


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