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Name: In re Alexis S.
Case #: B234147
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 04/19/2012

Dispositional order reversed where there was no evidence that father who sexually abused stepdaughter would molest his biological sons. A dependency action was initiated when appellant’s 13-year old stepdaughter reported that appellant was touching her inappropriately. A petition was sustained, and appellant’s two young sons were removed from his custody. Visitation was ordered to be supervised only. Neither of the sons reported that anyone had touched them inappropriately, and they were unaware of anyone touching their half-sister inappropriately. On appeal, appellant contended that the evidence did not support a conclusion that he posed a risk to his biological sons. The appellate court agreed and reversed the dispositional order. There was no evidence of any proclivity on appellant’s part to molest sexually immature children or males of any age, and no evidence that the boys were even aware of appellant’s actions. Absent evidence that appellant posed a risk to his sons, his past behavior with his stepdaughter which cannot recur as long as he maintains a separate residence and complies with court orders to stay away from her, did not justify detention of the boys or restriction of visitation with them.