In re Wilian J. CA2/7

California Court of Appeal·Decided July 21, 2026·No. B347725·Unpublished

Opinion

Filed 7/21/26 In re Wilian J. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

In re WILIAN J. et al., Persons B347725 Coming Under the Juvenile Court Law. (Los Angeles County ________________________________ Super. Ct. No. 25CCJP00496A, B) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

NORMA P.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Mark A. Davis, Judge. Affirmed. Jamie A. Moran, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Jacklyn K. Louie, Assistant County Counsel, and Jessica S. Mitchell, Principal Deputy County Counsel, for Plaintiff and Respondent.

_____________________________

INTRODUCTION

Norma P. appeals from the juvenile court’s jurisdiction findings under Welfare & Institutions Code section 300, subdivisions (b) and (d), and disposition orders declaring her children, Wilian J., Jr. and Martha J., dependent children of the court.1 Norma argues substantial evidence did not support the court’s findings that there is a substantial risk Wilian Jr. and Martha will be sexually abused by their father, Wilian J.; that Norma failed to adequately protect Wilian Jr. and Martha from sexual abuse; and that Wilian Jr. and Martha suffered, or there is a substantial risk they will suffer, serious physical harm or illness, as a result of Norma’s failure to protect them. Because substantial evidence supported the court’s jurisdiction findings, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Police Investigate and Arrest Wilian Norma P. and Wilian have two children, Wilian Jr. and Martha, who were 10 years old and four years old, respectively,

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

2 when the Department filed a petition under section 300. When Norma and the children moved to the United States in 2018, they joined Wilian, who was living in the home of his aunt, Martha M. Several of Wilian’s relatives also lived in the home, including Martha M.’s daughter Donay and Donay’s daughters Cataleya and Ashlyne (and three other children). Wilian’s family shared one bedroom; Donay and her children occupied another. In April 2024 Cataleya, who was then 11 years old, reported to a forensic nurse that Wilian had molested her numerous times between the ages of five and seven. Cataleya stated that, in one instance, Wilian rubbed her vagina under her clothing. Cataleya said that on another occasion, while Norma was nearby but not paying attention, Wilian put his hands down Cataleya’s pants, rubbed her vagina, and put his finger in his mouth. Cataleya said Wilian also groped her breasts and buttocks over her clothing. Cataleya stated she also saw Wilian slap Ashlyne on the buttocks and put his hands down her pants. In August 2024 Ashlyne, who was then 16 years old, told police that when she was 11 or 12 years old Wilian showed her a pornographic video of a naked woman performing sexual acts. Ashlyne learned from her brother that Wilian had shown him the same video. Ashlyne also described several occasions where Wilian touched her thighs, grabbed her breasts, and touched her buttocks. On one occasion Wilian “tried to kiss her, and [told] Ashlyne . . . to close her mouth but [she] could feel his tongue all over her face.” On another Wilian slapped Ashlyne’s buttocks in front of her sister, an incident Cataleya confirmed. Ashlyne said that, because she and Cataleya shared their experiences, Ashlyne knew Wilian also sexually abused Cataleya.

3 Ashlyne also stated that, when she was 12 years old, Wilian came into her room and tried to unbuckle her pants while Wilian’s adult daughter, Helen, slept nearby. Ashlyne ran out of the room and told her mother, Donay. Donay confronted Ashlyne’s grandmother and Wilian about the abuse. Wilian denied the allegations, and the grandmother accused Ashlyne of lying and convinced Donay not to call the police. Ashlyne’s maternal aunt, Leslie, believed Ashlyne’s allegations because Wilian also did “weird things to her, such as taking pictures of her through the window while she was changing.” After this incident, Donay moved Ashlyne and Cataleya out of the home. In June 2024 Donay called Wilian and accused him of inappropriately touching Cataleya and Ashlyne. Wilian denied touching either of them and refused to apologize for something he said he did not do. He called Cataleya a liar and stated that, “as her mother, she [meaning Donay] should know this.” Wilian, however, admitted that, on one occasion when he was drunk, he showed Ashlyne (but not Cataleya) a “porno video” of two women kissing, while Norma and Helen were sitting nearby. Wilian asked Donay for forgiveness. When the police interviewed Wilian, he denied showing Ashlyne anything inappropriate. When one of the officers questioning Wilian said she had listened to his June 2024 phone conversation with Donay, Wilian changed his story. Wilian initially admitted that, while drunk, he showed Ashlyne a picture of a shirtless male and that she ran out of the room crying. Later, however, Wilian said he showed a video of an adult male wearing very little clothing (but with his penis covered) “dancing sexy.”

4 In February 2025 the police arrested Wilian for willfully and lewdly committing a lewd and lascivious act upon the body of a child under the age of 14 (Pen. Code, § 288, subd. (a)), sexually penetrating a child under the age of 14 by means of force or violence (id., § 289, subd. (b)), and knowingly exhibiting harmful matter that depicts a minor engaging in sexual conduct (id., § 288.2, subd. (a)). The police reports stated that several years earlier Wilian had abused his minor cousins, Cataleya and Ashlyne. Wilian denied that he had abused his cousins and that he had access to the two children while he lived with them. The police contacted the Los Angeles County Department of Children and Family Services. Shortly after his arrest, Wilian was deported to El Salvador.

B. The Department Files a Petition Under Section 300 The Department filed a section 300 petition on behalf of Wilian Jr. and Martha, alleging that they suffered, or there was a substantial risk they will suffer, serious physical harm or illness as a result of Norma’s failure to protect them; that there was a substantial risk Wilian will sexually abuse Wilian Jr. and Martha; and that Norma failed to adequately protect the children from sexual abuse. The Department alleged two counts under section 300, subdivision (b)(1), and two counts under section 300, subdivision (d), based on these allegations. The Department alleged that Norma failed to protect the children when she knew Wilian sexually abused his cousins and that she allowed Wilian to reside in the children’s home with unlimited access to them. The Department alleged such “sexual abuse of the cousin[s] by the father, and the mother’s failure to protect the children, endangers the children’s health and safety, creates a detrimental

5 home environment, and places the children at risk of serious physical harm [and] sexual abuse.”

C. The Department Conducts an Investigation Norma told a Department social worker that she never saw Wilian behave inappropriately with Cataleya or Ashlyne. Norma said that, though her family lived with Cataleya and Ashlyne, Norma’s family did not interact with the girls during that time.

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