In re E.C. CA4/1

CourtCalifornia Court of Appeal
DecidedJanuary 4, 2021
DocketD077772
StatusUnpublished

This text of In re E.C. CA4/1 (In re E.C. CA4/1) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re E.C. CA4/1, (Cal. Ct. App. 2021).

Opinion

Filed 1/4/21 In re E.C. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re E.C., a Person Coming Under the Juvenile Court Law. D077772 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J520063)

Plaintiff and Respondent,

v.

J.C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Browder A. Willis III, Judge. Affirmed. Lelah S. Fisher, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas E. Montgomery, County Counsel, Caitlin E. Rae, Chief Deputy County Counsel and J. Jeffrey Bitticks, Deputy County Counsel, for Plaintiff and Respondent. J.C. (Father) appeals from a contested six-month review hearing (Welf. & Inst. Code, § 366.21, subd. (e))1 regarding his daughter, E.C. Father challenges the juvenile court’s finding that he was provided with reasonable reunification services. We conclude that the court’s finding is supported by substantial evidence and accordingly, affirm. FACTUAL AND PROCEDURAL BACKGROUND One night in June 2019, the manager of Father’s apartment building heard yelling coming from the home where Father, eight-year-old E.C., and E.C.’s mother (Mother)2 lived. Father and Mother were fighting with each other. The next day, E.C. disclosed to her neighbor, who was babysitting her at the time, that her parents had been fighting the night before because Mother found Father “on top of E.C.” E.C. indicated that Mother had caught Father inappropriately touching E.C. E.C. further told the neighbor that Father “measures her private areas to see how much she is growing,” that the unwanted touching would occur when Mother was not present, and that E.C. wrapped herself “in a lot of blankets” at night to prevent Father from touching her while she was sleeping. The neighbor recorded E.C.’s statements on video and contacted law enforcement to report suspected sexual abuse. Police officers responded to the family home. The neighbor informed the officers of E.C.’s statements, corroborated by the video. E.C. told the

1 Further unspecified statutory references are to the Welfare and Institutions Code.

2 Mother is not a party to this appeal, and our recitation of facts relating to her is accordingly limited. The parents have been in a relationship for over 20 years.

2 officers about Father’s touching her private areas to “measure” her. When interacting with law enforcement officers, Mother seemed neither surprised nor upset that Father was suspected of sexually abusing E.C. The officers determined that E.C. should be taken to Polinsky Children’s Center for her safety. E.C. participated in a forensic interview at Rady Children’s Chadwick Center, observed by a social worker from the San Diego County Health and Human Services Agency (Agency). In response to the forensic interviewer’s open-ended questions, E.C. described in detail, using age-appropriate language, Father’s touching her vagina, buttocks, and chest, and digitally penetrating her vagina, for the asserted reasons of “measuring” her or “checking” for hair. Father would perform his “measuring” of E.C. in her bedroom when Mother was not around. In E.C.’s words, Father “tells me to lay down on the bed when he measures me,” “sometimes he wants to measure me late at night,” “sometimes when I go to sleep he has to measure me,” “he asks to take my pants and underwear off to measure me,” “sometimes he has to look inside,” and “he puts his fingers inside.” E.C. said that it felt like Father was “tickling” her private parts, but he would deny this and tell her not to look. Father assured E.C. that he was “ ‘just measuring [her].’ ” On a picture depicting a girl, E.C. circled the body parts to which she referred during the interview. E.C. estimated that Father’s conduct began when she was three or four years old, in preschool. She was eight years old and in second grade at the time of the interview. In mid-June 2019, the Agency filed a petition on behalf of E.C., alleging that she had been, and was at substantial risk of being, sexually abused by Father. (§ 300, subd. (d).) The juvenile court detained E.C. out of the home and ordered Father to have “no contact” with her (no-contact order). Father

3 requested a referral to a sexual abuse class as soon as possible, which the court authorized. The Agency’s investigative efforts are detailed in several reports filed with the court. Father consistently claimed that he was innocent of any sexual misconduct, suggested that his daughter had imagined everything, and blamed other people who had interacted with E.C. For instance, Father believed that E.C. “was manipulated by the people who reported” the incident, that she may have been misunderstood by the forensic interviewer, and/or that the Agency was making false allegations. Father was nonetheless willing to participate in classes. Mother did not believe E.C.’s report of sexual abuse. Throughout the duration of the case, E.C. consistently maintained that Father had touched her in the manner she described. She cared about her father, but she “[did not] want him touching [her].” After the detention hearing, the assigned social worker submitted a referral for Father to attend a sexual abuse group with a Spanish speaking provider.3 The Agency’s case plan described its safety goals for the parents— “that they will ensure E.C. is not sexually abused” and that they would be “supportive of E.C.’s mental health needs and believe her disclosures [of sexual abuse].” The Agency outlined relevant services for Father, including (1) sexual abuse therapy and (2) parenting education. In addition, the Agency was coordinating trauma therapy for E.C., supervised visitation (and other services) for Mother, and transportation and in-home services for the

3 The parents were born in Mexico and are primarily Spanish speakers. They have lived in the United States for decades. E.C. is bilingual and fluent in English.

4 family. The Agency also held a child and family team meeting to discuss E.C.’s placement. In July 2019, on the date scheduled for the jurisdictional and dispositional hearing, the matter was set for trial. Father’s counsel reported that Father had not yet received information about a sexual abuse class. The Agency’s counsel responded that the social worker had submitted the requested referral but was having difficulty finding Spanish speaking sexual abuse therapists. The social worker was tracking the issue. The court confirmed all prior orders. On the date of the pretrial status conference, the Agency filed an addendum report with an update on services. Father would attend a sexual abuse group led by an English speaking therapist, with an interpreter who would translate for him in Spanish. Regarding visitation, E.C.’s therapist (Linda Jeter) opined that E.C. was suffering from trauma-induced symptoms (“hypervigilance . . . nightmares, intrusive and distressing thoughts and negative alterations in cognition”) and that “it would be highly detrimental for [E.C.] to have contact with her father at least until she is stabilized.” Attached to the Agency’s addendum report was (1) the family’s case plan in Spanish, (2) the therapist’s letter, and (3) E.C.’s individualized education program (IEP) from school. E.C. had some attention deficits, but her speech was not an area of concern. With respect to communication skills, the IEP states, “E.C. communicates clearly.” The court confirmed the trial set.

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Bluebook (online)
In re E.C. CA4/1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ec-ca41-calctapp-2021.