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Name: In re Andy G.
Case #: B215772
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 04/20/2010

There was sufficient evidence of risk to two-year-old male minor where father sexually abused teenaged female siblings. In an appeal from jurisdictional findings, the father contended that there was insufficient evidence to support the allegation that his two-year-old son, Andy, was at risk of sexual abuse due to the father’s sexual abuse of Andy’s 12 and 14-year-old half sisters. The appellate court rejected the argument, finding that aberrant sexual behavior by a parent places the victim’s siblings who remain in the home at risk of aberrant sexual behavior. Andy may have been too young to be cognizant of the father’s behavior, but the father exposed himself to one of the daughters while Andy was in the same room. This evinces a lack of concern for whether Andy might observe the aberrant sexual behavior. Further, the father refused sexual-abuse counseling. From this record, the juvenile court could properly conclude that the father’s behavior put Andy at risk of sexual abuse.