IN RE: JOSE C. et al. (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Carolina S. (Mother) challenges the dependency court's summary denial of her petition for a modification, seeking reunification services for her three youngest children.   The court correctly deduced that reunification services are unwarranted in this case.   Not content to be a habitual drug user who lost parental rights to three older children and ingested drugs while pregnant in 2008, Mother embarked on a sexual relationship with her oldest biological son:  her youngest child is the product of the incestuous union.   In view of Mother's depravity, reunification is not an option.

FACTS

Mother has nine children and a long history of using PCP, amphetamines and methamphetamines (meth).   Drug addiction caused the termination of Mother's parental rights to three children:  Benny T. (born in 1988);  Monica (1990);  and Irene (1991).¹  They received permanent placement services from the Department of Children and Family Services (DCFS) and were adopted.   One child, Crystal (1988), was returned to Mother's care.   Mother's middle children, Maria (1992) and Alexandra (1993), were declared dependents of the court, and are in juvenile probation placements, not in Mother's care.

The subjects of this appeal are Mother's three youngest sons:  twins Jose and Antonio C. (1999) and Angel T. (2009).²  When Mother came to the hospital while pregnant with Angel, she tested positive for amphetamines and meth, on November 24, 2008.   Following an extended hospitalization, Mother gave birth on January 9, 2009, after 29 weeks of gestation.   A nurse observed that during Mother's hospitalization, her son Benny slept in her room.   Angel remained in neonatal intensive care for three months due to his low birth weight of two pounds, 13 ounces.   Mother and Benny fought at the hospital, and Benny was caught rolling a marijuana cigarette in Angel's room:  as a result, security personnel monitored parental visits to the hospital.   Mother asked the hospital for food for the twins, leading to a suspicion that there was no food in the house.

On March 5, 2009, a DCFS social worker visited Mother's home, which was empty except for a sofa, a television, some mattresses, and three items of clothing in the closet.   A young man was in the home, as were the twins, who were dirty and uncommunicative:  Mother called them “mentally retarded.”   The home contained no food except a loaf of bread and two instant noodle cups.   The twins did not answer when asked what they ate for dinner, breakfast or lunch.   They had not been attending school.   Mother told the social worker that she has not used drugs “in years” and that Angel was conceived in a one-night stand with a man she met at a party named “Benny.”

At a meeting in the DCFS office, Mother denied her positive drug test at the hospital before Angel's birth and denied that her son Benny is the father of Angel.   However, Mother had already admitted to others that Benny is Angel's father.   Mother claimed that Benny simply “showed up” at the hospital and put his information on the birth certificate, showing that he is Angel's father.   Mother admitted that she had no food in her home, but planned to borrow food stamps to purchase some.   At the meeting, it was determined that the children could not be left in Mother's care.   Mother agreed to participate in parenting programs, drug abuse treatment, random drug testing, and individual counseling.   When asked to undergo a drug test that day, Mother refused, began yelling, and stormed from the DCFS office.

After the twins were detained, they disclosed that the young man living in their home is their brother Benny.   He sleeps with Mother or on the sofa:  they described him as Mother's boyfriend.   The twins had been directed to lie about Benny's presence in the home.   The children were filthy and smelled bad, with thick rings of dirt on their necks and ears.   They were bought food, which they “scarfed down.”   Mother receives S.S.I. benefits for the twins, who appeared to be developmentally delayed.   DCFS categorized the children as being at “ ‘very high’ risk for future abuse” in Mother's care, and recommended that she be denied family reunification services.

DCFS filed a petition alleging that Mother engaged in sexual intercourse with the children's sibling Benny, resulting in pregnancy and the birth of Angel:  Mother's sexual abuse of a sibling creates a detrimental home environment and places the children at risk of harm;  while visiting Angel at the hospital, Benny made a marijuana cigarette in the hospital room of his son/brother in Mother's presence and she did not take action, thereby endangering Angel's safety;  Mother and Benny abandoned Angel at the hospital and did not visit him for a month, thereby failing to make a plan for the infant's care and supervision;  Mother has a 13-year history of illicit drug use, including meth, which she used during her pregnancy with Angel, and her drug use endangers the children's health and safety;  and the father of the twins, Jose C., failed to provide his children with the necessities of life, including food, clothing and medical care.   The petition warns that DCFS could seek an order denying reunification services.

On March 10, 2009, the court found a prima facie case for detaining the three youngest children.   Mother denied the allegations in the petition.   The court ordered services for Mother and Jose C., presumed father of the twins, and they were allowed to have monitored visits.   Benny (whose whereabouts were unknown) was declared the alleged father of Angel.   The court ordered genetic testing for Jose C. The tests showed that Jose C. is not Angel's father, and, as it turns out, he was “really upset” because he knew for a long time that Mother was in a relationship with Benny.

Angel was born with numerous health problems, including a hernia that was surgically repaired two months after birth, as well as esophagitis (an inflammatory condition on the throat) and reflux.   He was irritable, had jerky movements, and showed little responsiveness.   The hospital felt that genetic testing was warranted because Angel has a high risk of developing problems later in life if he is the product of incest.   Testing could reduce the risk of disease, disability or death.

Mother enrolled in counseling.   When questioned by her counselor, she denied drug usage during pregnancy or having a child by her son, taking no responsibility for her actions.   Mother admitted to an arrest and jail time during the 1980's for meth.   She has criminal convictions for willful cruelty to a child;  use of a controlled substance;  and disorderly conduct and prostitution under the influence of a controlled substance.³

In April 2009, the foster caregiver asked for the twins to be removed because they were propositioning other children in the foster home for sex.   The social worker conducted interviews with three unrelated foster children, who detailed the twins' sexual touching and lewd demands.   The twins were moved to a foster home where they were the only children.   In the new placement, one of the twins simulated oral sex, and they cussed and screamed at the foster parents.

DCFS conducted interviews for its jurisdiction report.   The social worker spoke to the twins.   Jose stated that he lived with Mother and his brothers Antonio and Benny.   Jose shared a room with his twin and Mother slept in the other room with Benny.   Antonio similarly stated that he lived with Mother and his brothers Jose and Benny, and Mother shared a room with Benny.   The twins' father was angry at Mother, and told Antonio that “Benny was my mom's boyfriend.”   This made Antonio sad because he does not think it is right.   The twins miss Mother.   Both boys appear to have speech delays and learning disabilities.

In her interview, Mother asserted that she never slept with her son, that this was a lie fabricated by her oldest child, Crystal.   Mother stated “that she met Angel's father at a party, and his name was Benny [T.], but it was not her son.” ⁴  Mother was drunk at the time.   Benny was not around during her pregnancy.   She next saw Benny at the hospital after giving birth to Angel, and he signed the birth certificate as Angel's father.   Mother was upset and claims that she has not seen Benny since then.   Mother claims that she tested positive for meth during her pregnancy because someone slipped the drug into her orange juice.   Mother admitted to a history of drug abuse, but, until now, she has never enrolled in a drug rehabilitation program.

The twins' father Jose C. insisted that Angel is his child:  he could not believe that Mother would have sexual relations with her son.   Jose C. stated that he has used meth since he was 18 years old.   He stopped using drugs when he learned that the twins were detained.   He stuttered and was unable to focus during his interview.   Mother's daughter Maria stated that she has had sexual relations with her brother Benny, but denied that Mother was having sex with Benny.   Mother was aware that Maria dated Benny.

In an interim review in May 2009, DCFS reported that Mother had negative drug tests on March 26, April 20 and May 4. She enrolled in an outpatient drug program scheduled to last nine months to a year, depending on progress.   Mother's case manager in the rehabilitation program stated that Mother is still in denial about her issues.   Jose C. took five drug tests and the first test (April 9) was positive for amphetamines and meth.

The twins were diagnosed with mental retardation and speech or language impairment.   Their cognitive development is significantly below average.   Angel underwent genetic testing and was found to have “an abnormality in the DNA,” although clarification was needed to determine whether this was the result of inbreeding.   Angel “has never smiled and is continuously miserable.”   Mother had weekly appropriate monitored visitation with the children.   The twins showed no separation anxiety when the visits were over.   They were behaving in a violent and abusive manner with their foster caregivers.

At the adjudication hearing on May 21, 2009, Mother refused to testify, invoking her Fifth Amendment right against self-incrimination.⁵  The court responded that it could draw adverse inferences from Mother's refusal to testify, in this civil matter.   The court found that Mother committed incest with her biological son.   Her actions, “while reprehensible and below the standard of acceptable social conduct,” did not constitute sexual abuse because Benny is an adult.   There is no proof that Benny was abused as a child or that the twins have been sexually abused.   As a result, the court did not sustain the charges that Mother sexually abused Benny, creating a risk of harm to his siblings.   The court did not sustain the charge that Mother abandoned Angel at the hospital, although it sustained that charge as to Benny, whose whereabouts are unknown.   Finally, the court did not sustain the charge that Benny made a marijuana cigarette in Angel's room at the hospital.   The sustained charges against Mother are that she has a long history of illicit drug abuse that renders her unable to provide regular care, and she used amphetamine and meth during her pregnancy with Angel, as shown by a positive drug test.   Further, the children's siblings Crystal, Benny Monica, and Irene received permanent placement services due to Mother's substance abuse.

DCFS reported that Mother had negative drug tests on May 4 and June 3, 2009.   She was participating in a drug treatment program, but was not attending an outside sobriety group such as Alcoholics Anonymous:  this is required so that Mother will have a “community based recovery support system in order to stay clean.”   Antonio reconfirmed that Benny is his brother, because Mother told him that Benny “had come from her stomach.”   It appears that the twins cannot read (at age 10) because they did not attend school with any regularity.   DCFS asked the court to deny reunification services to Mother.

On June 23, 2009, the twins' attorney filed a petition for modification, asserting that the court erred in dismissing some of the charges against Mother.   Specifically, new evidence showed that Mother's sexual relationship with Benny created a detrimental home environment for the twins and caused them psychological problems.   The twins engaged in inappropriate sexual behavior at their foster placement, where they molested other children, causing their removal from the home.   In their new foster home, one of the twins simulated oral sex.   The court denied the petition because the twins' sexual behavior was known to the DCFS social worker before the jurisdiction hearing, but DCFS did not bring this information to the court's attention;  therefore, there is no “new” evidence.   Based on the same evidence of sexually inappropriate behavior, DCFS filed a subsequent petition on July 28, 2009.⁶  The court struck the subsequent petition on September 2, 2009, because DCFS did not bring the twins' sexual behavior to the attention of the court at the jurisdiction hearing.

Mother was discharged from her drug program in August 2009, for “harassing” another client.   She enrolled in a treatment program at a different facility, and tested negative for drugs twice in July and once in August 2009.   The twins' pediatrician was upset because Antonio is 50 pounds overweight and is at risk of diabetes.   Although the foster parents serve healthy food, the twins receive junk food from Mother that they bring back from visits.   The court ordered Mother to stop providing food to the twins.

A contested disposition hearing was held on October 8, 2009.   It was stipulated that the twins have lived with Mother a substantial portion of their lives;  they love Mother and would like to live with her.   The social worker testified that Mother has had good visits with the children, and she has had all clean drug tests.   Mother has been attending a “12-step” rehabilitation program.   Nevertheless, DCFS took the position that Mother should not receive reunification services because of her history of not reunifying with her older children, resulting in the termination of her parental rights.   Counsel argued that Mother used drugs while pregnant with Angel, demonstrating that she learned nothing from the previous DCFS proceedings involving her older children.

The court observed that Mother was involved in dependency proceedings (1) from 1988 to 1995 (due to Mother's child neglect and drug use);  (2) from 2003 to 2005 (due to Mother's neglect of the twins and their older siblings, and her drug use);  and (3) from 2009 to the present.   Although Mother managed to regain custody of some of the children, she continued the same conduct, using drugs while pregnant with Angel.   Mother has not made reasonable efforts to treat the problems that led to the removal of her older children because she “severely neglected” the twins before they were detained by DCFS, “the same problems that had occurred with the other children.”   The court concluded that “it is unequivocally not in the best interests of those children that reunification be provided to Mother yet again after all these years of contact with the dependency system,” even if they love Mother.   It declared the children to be dependents of the court and found that there is a substantial danger if the children were returned to parental custody.   The court set a permanent placement plan hearing for Angel, but not for the twins because their father received family reunification services.

Just after the disposition hearing, Benny presented himself to DCFS, declaring that he is Angel's father.   On January 19, 2010, Benny filed a petition seeking reunification services on the grounds that DCFS failed to provide him with proper notice of the proceedings.   The court set the matter for hearing.   Mother filed a petition for a modification on January 21, 2010.   Her change of circumstances was that she has participated in programs to address the underlying issues of the petition, completing parenting addiction education and most of a drug rehabilitation program.   She sought reunification services with all three children, on the grounds that she has consistently visited the children and they are bonded with her.   The court denied a hearing on Mother's motion because the proposed change in order does not promote the best interests of the children.

In February 2010, DCFS reported that Angel has not been matched with a prospective adoptive family because of his health problems and family history.   Nevertheless, DCFS remained optimistic about the chances of adoption because Angel is still an infant.   Angel has documented delays in motor and cognitive skills, and is at high risk of developmental problems.   Plus, his facial features and skull are somewhat misshapen.   Mother visits Angel twice per week and Benny visits once a week.

DCFS opposed Benny's petition for a modification.   Though Benny took DCFS to task for failing to send him notice of the proceedings at Mother's home, Mother repeatedly denied that Benny lived with her.   Mother and Benny colluded to avoid having DCFS locate Benny until the court denied reunification services to Mother, whereupon Benny stepped forward.   In any event, Benny abandoned Angel at the hospital, made no plans for Angel's support, did not visit the baby, and has not taken a DNA test to prove paternity.   It is not in Angel's best interest to reunify with a father who had sex with his biological mother and his biological sister, and Benny has no relationship with Angel.

At a hearing on March 24, 2010, the court declared Benny to be the presumed father of Angel.   Due to inadequate notice to Benny, the court vacated its jurisdictional findings to give Benny an opportunity to be heard.   Benny denied the allegations in the petition and the matter was set for adjudication.   The court denied Benny's request that Angel be released to his custody.   Mother refused to give the court her current address;  the address Benny gave turned to be an old foster home where he lived in 2003, when he was a dependent of the court, and the notices sent there were returned as undeliverable.

Mother, Jose C., and Benny had regular visits with the children in February and March 2010.   Between therapy and parental visitation, the twins did not have time to do their homework or participate in after-school tutoring.   Mother led the twins to believe that she would regain custody, causing them to be defiant and misbehave with the foster family after her visits.

DCFS filed an amended dependency petition in April 2010.   In an interview for the jurisdiction report, Benny expressed certainty that Angel is his child and agreed that he and Angel have the same mother, though they are not “boyfriend girlfriend.”   Rather, he and Mother had “a one-night stand,” having sex after a party.   Benny was at the hospital with Mother before and after she gave birth to Angel.   The twins identify Benny as their brother and as Mother's “boyfriend,” and are aware that Mother and Benny sleep together.   Mother's former landlord indicated that Mother and Benny lived together in an apartment in Long Beach, as recently as September 2009, but Benny was a problem because he would “smoke pot.”

On May 21, 2010, Mother filed another petition for a modification.   She argued that she has consistently participated in programs to address the underlying issues of the petition by completing parenting, drug education, drug rehabilitation and counseling, and has regularly visited the three children.   She requested reunification services.

The charges against Benny were adjudicated on May 27, 2010.   The first witness was Benny's half-sister Maria:  both Benny and Maria are Mother's biological children.   Benny lived with Maria and Mother.   On one occasion, when Maria was 11 and Benny was 15 or 16 years old, Benny and Maria kissed, touched, and had sexual intercourse.   Maria told her older sister Crystal about the incident, and Mother found out about it several years later.   Maria knows that Benny and Mother have a sexual relationship “because he told me himself.”   She maintains that the mother-son sexual relationship began when Benny was 15 or 16.   Mother was called as a witness and refused to answer any questions, asserting her Fifth Amendment right against self-incrimination.   The court indicated that Mother's refusal to answer questions could be used against her in this civil matter.

The court sustained allegations that Benny failed to protect Angel by making a plan for his ongoing care and supervision, leaving the child at the hospital.   The court sustained allegations that Benny engaged in sexual intercourse with his half-sister Maria and with Mother, which endangers the children's physical and emotional health and safety and creates a detrimental home environment.   The court stated, “the evidence is clear that Mr. [T.] has, in violation of the law and any normal social mores, violated those rules of our community and engaged in sexual intercourse both with his own sister and with his own mother, that it occurred at least with Mother in the family home.”   Benny's inability to recognize sexual boundaries poses a danger to Angel.

On June 3, 2010, the court summarily denied Mother's petition for a modification because reunification is not in the children's best interests.   Mother promptly appealed the court's refusal to grant a hearing on her petition for a modification.

DISCUSSION

When the court has denied or ended reunification services, and a permanent plan hearing is scheduled, a parent may revive the reunification issue only by demonstrating that a return to parental custody is in the children's best interests, due to changed circumstances.  (Welf. & Inst.Code, § 388;  In re Nolan W. (2009) 45 Cal.4th 1217, 1235;  In re Kimberly H. (2000) 83 Cal.App.4th 67, 72;  In re Casey D. (1999) 70 Cal.App.4th 38, 47.)   The court need not conduct a hearing if the liberally construed allegations of the parental petition for a modification do not show a genuine change in circumstances such that the child's best interests will be promoted by the proposed change in order.  (In re Anthony W. (2001) 87 Cal.App.4th 246, 250;  In re Carl R. (2005) 128 Cal.App.4th 1051, 1071.)   To make this determination, the court may consider the entire factual and procedural history of the case.  (In re Jackson W. (2010) 184 Cal.App.4th 247, 258;  In re Justice P. (2004) 123 Cal.App.4th 181, 189.)   On appeal, we will not reverse unless there is a clear abuse of discretion, if the court made an arbitrary, capricious or patently absurd determination that exceeds the bounds of reason.  (In re Stephanie M. (1994) 7 Cal.4th 295, 318;  In re A.S. (2009) 180 Cal.App.4th 351, 358.)

a. Changed Circumstances

Mother argues that she established changed circumstances by participating in and completing reunification-like services from the time of detention of March 2009 until she filed her petition in May 2010.   During this period, she regularly visited and bonded with her children.   The record supports Mother's argument that she participated in reunification-like services.   But the record does not support a conclusion that circumstances have changed.

There is no declaration in the petition or evidence in the record that Mother has come to terms with the disastrous consequences of her conduct.   Angel was prenatally exposed to meth, has documented developmental delays, and is at high risk for serious problems in his life due to genetic abnormalities.   Yet Mother refuses to take responsibility for anything.   She claims that someone spiked her orange juice, but decades of meth and PCP abuse suggest that Mother's ingestion of drugs was not accidental.   Until now, Mother has never participated in drug rehabilitation.   Both of the twins are diagnosed with mental retardation and speech impairment.   It is not unreasonable to infer that the twins, like Angel, were prenatally exposed to drugs.

Mother refuses to admit that Angel was conceived through incest, telling DCFS that Angel's father is Benny T., a Samoan, not Benny T., her son, though both have the same unusual last name.   Mother claims that she had a one-night stand with the Samoan Benny after meeting him at a party and does not know his whereabouts.   Yet the record shows that Mother feigned ignorance about the identity of Angel's father, because Benny admits that Angel is the product of his incestuous relationship with Mother.

Given Mother's long history in the dependency courts resulting in the termination of parental rights as to three of her children, and her loss of custody of other children, Mother had a long way to go to prove parental fitness.   Apart from exposing Angel to a dangerous drug six weeks before he was born, Mother neglected the twins, who were found in a filthy condition, were not in school, and lived in a house with no food and no clothing.   This is a repeat of the conditions Mother inflicted on her older children as far back as 1988, and on the twins in 2003.   Mother did not state in her petition that she is currently able to provide the children with a stable, safe, permanent placement.   In fact, her living conditions are very uncertain, as she refuses to tell the court where she resides.   Without a showing of parental ability to provide a safe home for the children, an eleventh-hour attempt to continue the dependency proceeding is unavailing.  (In re A.S., supra, 180 Cal.App.4th at p. 358.)

Mother refuses to discuss the case with the DCFS social worker, and when called as a witness in May 2009 and May 2010, she refused to answer any questions in court.   By refusing to be interviewed or to testify, Mother sheds no light on her supposedly changed circumstances.   Merely participating and completing drug counseling and testing, and regularly visiting the children, is not prima facie evidence of changed circumstances.  (In re Anthony W., supra, 87 Cal.App.4th at p. 251.)   Mother gave no indication-either in a declaration in her own words or in the form of a letter from her therapist-that she acknowledges and takes responsibility for her actions.  (Id. at p. 250;  In re Ramone R. (2005) 132 Cal.App.4th 1339, 1348 [successful petitions include declarations or attachments demonstrating how changed circumstances will be shown at the hearing].)   In short, “mother made no showing she could demonstrate at a hearing that she had overcome the problems which led to the dependency jurisdiction.”  (In re Anthony W., supra, 87 Cal.App.4th at p. 251, fn. 4.)

b. Best Interests of the Children

In determining the children's best interest, the court considers (1) the seriousness of the reason for dependency jurisdiction;  (2) the strength of the bonds between the children, the parent and the caretakers;  and (3) whether the problems leading to dependency may be easily removed or ameliorated.  (In re Kimberly F. (1997) 56 Cal.App.4th 519, 530-532.)

In her best interest analysis for the dependency court, Mother focused on her bond with the twins, who have spent most of their lives with her.   However, “[t]he boys' bonds with the mother cannot be the sole basis for a best interest finding.”  (In re William B. (2008) 163 Cal.App.4th 1220, 1229.)   In this instance, Mother has not progressed to unmonitored visitation with the children, let alone demonstrated an ability to take custody.   The twins showed no separation anxiety when their visits with Mother were over, which tends to discount the strength of the maternal bond.   This is the second time that the twins have been removed from Mother's custody.   She has long-term substance abuse problems, and any periods of sobriety were achieved only under DCFS supervision:  “When that support was no longer available, the mother quickly relapsed.”  (Id. at p. 1228.)

The gravity of the circumstances that led to this dependency proceeding cannot be understated.   For Mother, what occurred in the past was a prologue to the present proceedings.   After losing her parental rights to three children due to neglect and drug abuse, Mother used drugs while pregnant with Angel.   It is not an exaggeration to say that between meth usage during pregnancy and the genetic abnormalities resulting from incest, Mother has ruined Angel's life.   The extent to which Mother was responsible for the twins' disabilities is not clear from the record, but the record is clear that Mother did not seek appropriate services to address the special needs of these youngsters, nor did she properly feed, bathe or clothe them.   Further, she engaged in incest in the family home, for the twins described Benny as both their brother and as Mother's boyfriend.   This made Antonio sad because he does not think it is right for Mother to sleep with her son.

It is not feasible to ameliorate the conditions leading to the dependency proceeding.   The damage done to Angel is irreversible.   Mother refuses to admit that she has done anything wrong, either by using meth during pregnancy, or by sleeping with her son in the presence of the twins.   The cavalcade of lies constructed by Mother to deny all responsibility is astonishing.   Under any definition, Mother is an unfit parent.   At this point in the proceedings, on the eve of the permanent placement hearing, the children's interest in permanency and stability outweighs any interest Mother may have in reunification.  (In re Anthony W., supra, 87 Cal.App.4th at pp. 251-252.)   The court properly denied Mother petition for a modification, without a hearing.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

We concur:

FOOTNOTES

FN1. Benny has an unusual Samoan name, from his adoptive family..  FN1. Benny has an unusual Samoan name, from his adoptive family.

FN2. The twins were previously declared dependents of the court in 2003, due to child neglect, Mother's drug abuse, and her failure to reunify with her older children.   The court terminated its jurisdiction over the twins in 2005..  FN2. The twins were previously declared dependents of the court in 2003, due to child neglect, Mother's drug abuse, and her failure to reunify with her older children.   The court terminated its jurisdiction over the twins in 2005.

FN3. In the willful cruelty case, Mother burned 30 to 40 percent of Benny's body when he was three years old, during a court-approved visit, and he nearly died of his injuries..  FN3. In the willful cruelty case, Mother burned 30 to 40 percent of Benny's body when he was three years old, during a court-approved visit, and he nearly died of his injuries.

FN4. Mother recited Benny's unusual adoptive Samoan name.  (See fn. 1, ante.).  FN4. Mother recited Benny's unusual adoptive Samoan name.  (See fn. 1, ante.)

FN5. Incest is a crime that requires lifetime registration as a sex offender.  (Pen.Code, §§ 285, 290, subd. (c).).  FN5. Incest is a crime that requires lifetime registration as a sex offender.  (Pen.Code, §§ 285, 290, subd. (c).)

FN6. DCFS shared a desperate letter from the foster parents, dated June 12, 2009, in which they detail physical and verbal abuse inflicted on the foster mother by the twins, their exposure of their genitals to her, and their simulation of sexual intercourse and masturbation..  FN6. DCFS shared a desperate letter from the foster parents, dated June 12, 2009, in which they detail physical and verbal abuse inflicted on the foster mother by the twins, their exposure of their genitals to her, and their simulation of sexual intercourse and masturbation.

DOI TODD, J. CHAVEZ, J.