In re J.G. CA4/1

California Court of Appeal·Decided April 13, 2022·No. D079755·Unpublished

Opinion

Filed 4/13/22 In re J.G. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.G., a Person Coming Under the Juvenile Court Law. D079755 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. EJ4682)

Plaintiff and Respondent,

v.

M.M.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Gary M. Bubis, Judge. Affirmed. Leslie A. Barry, under appointment by the Court of Appeal, for Defendant and Appellant. Lonnie J. Eldridge, County Counsel, and Caitlin E. Rae, Chief Deputy Counsel for Plaintiff and Respondent. M.M. (Mother) appeals dispositional orders entered in juvenile dependency proceedings declaring her daughter, J.G., a dependent pursuant to Welfare and Institutions Code1 section 361, subdivision (d) and ordering family maintenance services. The San Diego County Health and Human Services Agency (the Agency) initiated the proceedings when J.G. was seven years old after her parents discovered she was being sexually abused by their roommate. On appeal, Mother argues the juvenile court abused its discretion by ordering her to participate in a nonprotective parent group. We disagree and affirm the orders. FACTUAL AND PROCEDURAL BACKGROUND A. Initiation of J.G.’s Dependency Proceedings On August 20, 2021, the Agency received a referral that J.G. had been sexually abused by her family’s roommate, D.A. According to the referral,

Mother and G.W. (Father)2 had gone out and left J.G. in D.A.’s care. When they returned home, Mother found J.G. and D.A. both naked in D.A.’s bed. D.A. was lying face up and J.G. was lying face down on top of him. Mother called law enforcement and the parents left the home with J.G. Law enforcement then transported the family to Rady Children’s Hospital so that J.G. could undergo a sexual abuse examination (SART exam). During the SART exam, medical staff took a urine sample and a swab of J.G.’s neck. However, Mother terminated the exam after J.G. began to feel uncomfortable. Mother reported to the social worker that she spoke with J.G. the following day about what happened with D.A. J.G. told Mother she asked D.A. to clean her up after she had defecated in her pull-up, and then started

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

2 Father is not a party to this appeal. 2 jumping on D.A.’s bed. Mother asked J.G. if D.A. touched her private part and J.G. said “no.” Mother further reported that the parents had known D.A. for 12 years. She discussed how D.A. paid the family’s living expenses and said J.G. considered him to be “like a big brother, like family.” She also told the social worker that D.A. had cleaned J.G. many times before. When the social worker asked Mother what she saw when she walked in and found J.G. in D.A.’s bed, she claimed she never saw D.A. naked but admitted he was not wearing a shirt or pants. She also confirmed that J.G. was naked and on top of D.A. She stated, “I just wish I would have spoken to [D.A.] about what I saw before going to the police. I feel like I have broken our trust of so many years over a complete misunderstanding. . . . This entire situation was blown out of proportion and that’s my fault.” During J.G.’s interview with the social worker, she reported she was in D.A.’s room when her parents came home and that Mother started screaming, but she did not remember why. She reported she was naked and that D.A. did not have any clothes on when her parents came home. She also said she had a scratch on her stomach from when D.A. removed her clothes. When the social worker asked what they were doing in D.A.’s bed, J.G. looked down, her hands were closed in tight fists, she seemed frightened, was breathing rapidly, and said she did not remember anything else. At the forensic interview a few days later, J.G. denied having a roommate or knowing who D.A. was. She did not report any abuse or neglect and answered “I don’t remember” for many questions. The social worker also spoke to the detectives assigned to J.G.’s case. One of the detectives informed the social worker that J.G. had tested positive for a sexually transmitted disease (STD). However, Mother was refusing to

3 take J.G. to Rady Children’s Hospital for further testing and treatment. Instead, Mother was planning to bring J.G. to her primary doctor but refused to provide the doctor’s information. The detectives were concerned Mother was refusing medical care that was necessary to investigate the sexual abuse and treat J.G. for the STD, which could lead to further medical complications if not treated properly. The detectives were also concerned that Mother did not believe the abuse occurred. She repeatedly told the detectives she felt they were treating J.G. “too much like a victim,” and that the incident with D.A. had all been a “misunderstanding.” The Agency filed a petition on September 1, 2021, under section 300,

subdivision (d).3 The petition alleged: “On or about August 20, 2021, [J.G.’s] roommate, [D.A.], a member of said child’s household, sexually abused said child by lying in bed naked with the minor, who was also naked and sitting atop [D.A.] The minor subsequently tested positive for a sexually transmitted medical condition. The parents have refused to obtain the necessary medical testing of the minor which has delayed treatment and the mother vacillated about whether she believes the abuse even occurred, therefore, the child is in need of the protection of the Juvenile Court.” In the detention report, the Agency recommended family maintenance services. The Agency also requested the juvenile court order no-contact between J.G. and D.A., and for an order requiring the parents to allow J.G. to receive a SART exam.

3 Section 300, subdivision (d) provides the juvenile court with jurisdiction when “[t]he child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by the child’s parent or guardian or a member of the child’s household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.” 4 At the detention hearing on September 2, 2021, the parents submitted on the Agency’s recommendations. Mother’s counsel addressed her refusal to allow J.G. to receive the SART exam, explaining Mother was worried the invasiveness of the exam would be traumatizing for J.G. However, Mother had since scheduled an appointment at Rady Children’s Hospital for J.G. to undergo the exam. Mother’s counsel further noted that the parents had obtained a temporary restraining order against D.A. and were pursuing a permanent restraining order against him. After hearing the parties’ statements, the juvenile court found the Agency made a prima facie showing on the petition, ordered the parents to provide J.G. with all the necessary medical testing, and ordered no-contact between J.G. and D.A. J.G. had the SART exam on September 9, 2021. J.G.’s urine and rectal samples taken during the exam tested positive for a sexually transmitted infection. Dr. Nicole Ayson, the child abuse specialist who conducted the exam, reported to the social worker that Mother insisted on a repeat urine test because she believed the test was incorrect. Mother also made comments that the medical staff and investigators were overreacting and causing her and J.G. more trauma. Dr.

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