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Name: In re E.B.
Case #: B215774
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 04/09/2010
Summary

Sufficient evidence supported jurisdiction order where parents had a history of alcohol abuse and domestic violence. In an appeal from jurisdiction and disposition orders, mother argued that evidence of her past alcohol use was insufficient to show she was currently unable to provide care to her minor children. The court rejected the argument as there was ample evidence that mother’s continuing alcohol problem interfered with her ability to provide care. Mother further contended that the fact that she was the victim of domestic violence did nothing to endanger the minors. The appellate court rejected that argument as well, finding that mother’s admission that father abused her in front of the children combined with her remaining in the relationship supported the court’s finding. Father also contended that the court’s sustaining the petitions based on hearsay allegations violated his right to confrontation and due process. The appellate court rejected this argument, as well as a challenge to the sufficiency of the evidence. The fact that father was a registered sex offender was prima facie evidence that the minors were at risk of abuse or neglect. Statements made by mother and the minors also provided substantial evidence that father sexually abused one minor, physically abused the other, and emotionally and physically abused mother in their presence.