In re S.R.

CourtCalifornia Court of Appeal
DecidedAugust 6, 2024
DocketE082812
StatusPublished

This text of In re S.R. (In re S.R.) 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 S.R., (Cal. Ct. App. 2024).

Opinion

Filed 7/18/24; certified for publication (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re S.R. et al., Persons Coming Under the Juvenile Court Law.

RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, E082812

Plaintiff and Respondent, (Super.Ct.No. DPRI2300275)

v. OPINION

J.R.,

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Dorothy McLaughlin,

Judge. Dismissed in part, reversed in part, with directions.

Tracy M. DeSoto, under appointment by the Court of Appeal, for Defendant and

Appellant.

Minh C. Tran, County Counsel, Teresa K.B. Beecham and Julie Jarvi, Deputy

County Counsel, for Plaintiff and Respondent.

1 J.R. (mother) appeals from the juvenile court’s dispositional findings and orders

concerning two of her children. We dismiss as abandoned the appeal as to one of the

children because mother raises no arguments on appeal as to that child.

With respect to the other child, mother challenges the sufficiency of the evidence

supporting the jurisdictional findings against her under Welfare and Institutions Code

section 300, subdivisions (b)(1) and (j) (unlabeled statutory references are to this code).

Mother also challenges the sufficiency of the evidence supporting removal of that child

and contends that the juvenile court abused its discretion by ordering supervised

visitation. We agree that the jurisdictional findings are not supported by substantial

evidence, and we accordingly reverse with directions.

BACKGROUND

I. Family background

Mother has four minor children: S.R. (female; born in November 2005) (hereafter

daughter), Dominic R. (male; born in June 2008), Brianna L. (female; born in 2014), and

Ethan L. (male; born in 2015) (collectively, the children). (We refer to Brianna and

Ethan collectively as “the half siblings.”) In May 2023, mother and the children lived

with Brandon, who is the half siblings’ father. Mother and Brandon were engaged. Brian

W. is daughter’s biological father, and Richard R. is Dominic’s biological father. The

2 half siblings are not parties to this appeal, and mother does not make any arguments

related to daughter.1

II. Dependency history

In January 2022, the Riverside County Department of Public Social Services (the

Department) received a referral concerning the family, alleging general neglect, sexual

abuse, and at-risk sibling abuse. Daughter was experiencing homicidal ideation and

placed on a section 5585 hold.2 Daughter initially reported that while she was in the

sixth grade Brandon “put his hands down her pants, groped her genitalia and attempted to

pull down her pants while she was laying down.” Daughter suspected that mother knew

what happened because mother advised daughter to wear clothing that covered her body.

Daughter did not want to disclose what happened, because mother experienced stress-

related seizures and relied on Brandon financially.

Daughter later denied that she had been inappropriately touched by Brandon.

Mother reported that she was not concerned about Brandon sexually abusing daughter,

because they were never alone together. Mother and daughter disclosed that an ex-

boyfriend of daughter’s raped daughter during the summer of 2021. Mother said that

daughter was enrolled in services to address mental health concerns.

1 Daughter turned 18 years old the day after the jurisdiction and disposition hearing. Mother’s notice of appeal includes daughter, but mother does not make any argument in her briefs related to daughter. We therefore dismiss as abandoned mother’s appeal as to daughter. (In re Sade C. (1996) 13 Cal.4th 952, 994.)

2 The record mistakenly describes the hold as a “5150 hold.” Section 5585 governs the 72-hour mental health evaluation hold of a minor (§ 5585.20), which daughter was in January 2022.

3 Two months later, in March 2022, the Department received another referral,

alleging physical abuse and concerns of at-risk sibling abuse. Daughter reported that

mother hit daughter in the face and otherwise hit and kicked daughter several times.

Daughter said that “the physical abuse ha[d] been continuous since she was 9 years old,

and she was the only one physically abused.” Mother did not allow the social worker to

speak with the other children and believed that the Department was lying about the new

allegations. A law enforcement officer visited the residence and spoke with mother and

daughter. Daughter denied that mother hit her in the face.

In April 2022, the Department received an immediate response referral with

concerns of sexual abuse. Daughter was placed on a section 5585 hold. Daughter cut her

thigh with a razor blade, but the cut was superficial. Daughter reported to someone that

mother’s fiancé (Brandon) was inappropriately touching her and had touched her

approximately 50 times since she was in the sixth grade. Daughter said that she

previously lied to the social worker when she denied that Brandon touched her. Daughter

said that none of her half siblings was being abused. Mother refused to cooperate with

the Department and did not allow the other children to be interviewed.

Daughter spoke with a social worker and again denied the allegations. Daughter

did not understand why the report had been made. Daughter felt safe at home. Both

referrals were closed as unfounded.

4 III. Present investigation

The family came to the attention of the Department again in May 2023. Daughter,

who was then 17 years old, reported that Brandon sexually molested her. It started when

she was eight years old and continued until she was 14 years old. Daughter lied when she

previously said that Brandon did not sexually abuse her. Daughter was ready to disclose

the truth.

A social worker visited the family’s home unannounced. Daughter was not home.

The social worker spoke with mother and Brandon together and outside of the residence

at their request. Mother and Brandon refused to allow the social worker to enter the

home or to speak with the children. Mother reported that since the referrals in 2022

daughter had received some therapy.

The social worker asked law enforcement to perform a wellness check on the

children, which law enforcement attempted. Mother and Brandon brought the half

siblings to the doorway but did not allow law enforcement to speak with them.

Two weeks after the initial referral, daughter texted the social worker that Brandon

sexually molested her over the course of six years until she was 14 years old. An

informant reported that daughter had previously received behavioral health services but

only attended three therapy sessions in February and March 2022, because mother pulled

daughter out of therapy.

5 The social worker attempted to interview daughter at school, but daughter attended

school online. The social worker did interview Dominic and the half siblings at school.

Dominic reported that he had not been touched inappropriately, and he denied having any

knowledge about his half siblings, including daughter, being touched inappropriately.

Dominic felt safe at home and reported that there was not any domestic violence at the

house. Brianna understood what her private parts were and denied that she had ever been

touched there or that anyone had ever asked to touch her there.

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Related

Los Angeles County Department of Children & Family Services v. J.J.
299 P.3d 1254 (California Supreme Court, 2013)
In Re Sade C.
920 P.2d 716 (California Supreme Court, 1996)
In Re Luke M.
132 Cal. Rptr. 2d 907 (California Court of Appeal, 2003)
L. A. Cnty. Dep't of Children & Family Servs. v. E.S. (In re Roger S.)
242 Cal. Rptr. 3d 791 (California Court of Appeals, 5th District, 2018)
L. A. Cnty. Dep't of Children & Family Servs. v. S.Y. (In re L.W.)
244 Cal. Rptr. 3d 352 (California Court of Appeals, 5th District, 2019)

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In re S.R., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sr-calctapp-2024.