California Court of Appeal

Dispositional orders detaining boys from their father's physical custody and requiring visitation to be monitored are reversed to that extent, where: 1) there was no evidence that the boys were in any way aware of the father's sexual abuse of his stepdaughter; 2) by the time of the dispositional hearing any risk had been eliminated, as the father had moved out of the family home and was in compliance with an order prohibiting further contact with the stepdaughter; and 3) the father's conduct toward his stepdaughter did not support, under a clear and convincing evidence standard, that the boys were at risk of similar abuse.

Appellate Information

• Decided 04/19/2012
• Published 04/19/2012

Judges

• Manella

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Judy Weissberg-Ortiz, Timothy M. O‟Crowley