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Name: In re Javier G.
Case #: D046520
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/07/2006

Following a true finding on a petition alleging that mother subjected one of the minors, Nancy, to inappropriate discipline, the court ordered foster care for Nancy and family maintenance services for the remaining minors. The following year, Nancy disclosed that she had been sexually molested by the siblings during unsupervised home visits. The court ordered mental health care for the siblings, but left them in the home. Later, it was discovered that the youngest sibling was also being molested. A 387 petition was sustained, which alleged that the previous disposition had been ineffective. The minors who had committed the sexual abuse were placed in separate group homes. On appeal, mother argued that a 387 petition could not be used for the purpose of rehabilitation, not protection. The appellate court rejected the argument and affirmed. The issue at the adjudication hearing on a supplemental petition is limited to whether the previous disposition was effective in the rehabilitation or protection of the child. Here, substantial evidence supported the trial court’s conclusion that the previous orders had not been effective. Further, reasonable services had been provided to the family to prevent the need for removal.