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Name: In re R.C.
Case #: B228373
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 06/14/2011
Summary

Juvenile court’s order dismissing sexual abuse allegations in a dependency proceeding is reversed where 32-year-old adult engaged in French kissing with 12-year-old minor. Minors were detained where the twelve-year-old minor reported that a 32-year-old adult in the home had French kissed her three times, and that they were in love. The juvenile court sustained a dependency petition, but dismissed allegations of sexual abuse, stating that although the conduct was inappropriate, it was not sexual in nature. The appellate court reversed and remanded, holding that the juvenile court erred in concluding the conduct was not sexual abuse. French kissing between an adult and a 12-year-old child who describe themselves as “in love” is inherently sexual.