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Name: Amber K. v. Superior Court
Case #: E041287
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 01/04/2007

Mother was denied reunification services under Welfare and Institutions Code section 361.5, subdivision (b)(6) and (b)(10) following sexual abuse by one of the children by their father. The minor testified that mother knew about the molestation. In her writ petition, mother argued that the court improperly applied section 361.5, subdivision (b)(6) because she was not the offending parent (i.e., the abuser), and that the children would benefit from services. The appellate court disagreed and denied mother’s writ petition. Subdivision (b)(6) also applies to a parent who gave actual or implied consent to the sexual abuse of the child by another person, as well as the abuser himself. The evidence showed that mother let father stay overnight at the house knowing that the minor had previously been sexually abused by his father. Further, there was sufficient evidence that reunification was not in the minors’ best interest as mother afforded father the opportunity to molest the children knowing that he had done so previously.