San Diego County Health and Human Services Agency v. R.V.
208 Cal. App. 4th 837
| Cal. Ct. App. | 2012Background
- R.V., Sr. appeals a judgment declaring his minor son R.V. a dependent under §300(j) and removing him from parental custody.
- Evidence showed Y.R., the father's daughter, disclosed weekly sexual abuse by the father for about eight months.
- Y.R. witnessed the father molesting and exposing himself to her; R.V. was sometimes present and helped resist.
- Social worker and forensic interviewer testified to the abuse; the mother doubted Y.R.’s claims and violated contact orders.
- The court sustained the petition under §300(j), declared R.V. dependent, and removed him to foster care; mother remained in services.
- The father challenges jurisdictional findings, potential due-process concerns about amendatory relief, and the dispositional removal order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports §300(j) jurisdiction | R.V. was at substantial risk due to the father’s abuse of Y.R. | Maria R. limits risk to male siblings without direct evidence | Yes, evidence supports risk to R.V. |
| Amendment to allege non-sexual-harm risk due process | Amendment needed to address broader harms beyond sexual abuse | Due process may require different basis; not essential here | Court properly considered totality; amendment not required for jurisdiction. |
| Sufficiency of evidence for dispositional removal | Removal from mother’s custody necessary to protect R.V. | Mother engaged in services and progress; removal unwarranted | Substantial evidence supports removal under §361(c)(1). |
| Standing to challenge removal from mother | Father has standing because removal affects his rights to reunification | Only appealing party can challenge; father lacks standing | Father has standing to challenge the dispositional order. |
Key Cases Cited
- In re Maria R., 185 Cal.App.4th 48 (Cal.App.4th 2010) (extent of risk when sibling is abused; totality of circumstances governs j.)
- In re Rubisela E., 85 Cal.App.4th 177 (Cal.App.4th 2000) (sibling risk when parent abuses a daughter; observed abuse in home matters)
- In re Andy G., 183 Cal.App.4th 1405 (Cal.App.4th 2010) (aberrant parental sexual behavior in presence of child supports risk to sibling)