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Name: In re Luis H.
Case #: B276237
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 08/30/2017

Siblings of a minor who was sexually abused failed to demonstrate that the juvenile court erred in dismissing the dependency petition as to them. Four minors were detained when one of the minors, Leslie, reported to a teacher that her mother’s boyfriend had sexually abused her. The juvenile court sustained a petition only as to Leslie, finding insufficient evidence to support any counts as to the siblings. The court found that Leslie was differently situated than the other three minors and dismissed the petitions as to the siblings. The two male minors appealed the dismissal of dependency jurisdiction. The appellate court affirmed. The minors were represented by counsel who had the opportunity to present evidence at the jurisdictional hearing and who advocated for the court to sustain the petition. The minors had an opportunity to produce evidence that mother’s failure to protect Leslie from sexual abuse put them at risk of harm, but they did not meet that burden.