Fear Not Law CA Unpub Decisions

In re A.B. CA4/2

Filed 9/23/26 In re A.B. CA4/2
CA Unpub Decisions

Filed 9/23/26 In re A.B. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re A.B. et al., Persons Coming Under
the Juvenile Court Law.

RIVERSIDE COUNTY DEPARTMENT
OF PUBLIC SOCIAL SERVICES, E087911

Plaintiff and Respondent, (Super.Ct.No. DPSW2500294)

v. OPINION

A.T.,

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Sean P. Crandell, Judge.

Affirmed.

Elizabeth C. Alexander, under appointment by the Court of Appeal, for Defendant

and Appellant.

Minh C. Tran, County Counsel, Jamila T. Purnell, Chief Assistant County

Counsel, Julie Jarvi, Deputy County Counsel for Plaintiff and Respondent.

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Defendant and appellant A.T. (Mother) appeals from the jurisdiction and exit

orders of the juvenile court regarding her three daughters, A.B. (born February 2014),

K.B. (born May 2016) and C.B. (born April 2019) (collectively, Minors). After finding

allegations against Mother true in a petition filed pursuant to Welfare Code section 300,

subdivision (b)(1),1 the juvenile court ordered joint physical and legal custody with the

primary residence for Minors be with D.B. (Father), Mother was to have custody of

Minors every other weekend, and dismissed the dependency case.

On appeal, Mother contends this court should reverse the jurisdictional findings

and orders and dismiss the section 300 petition, or remand for the juvenile court to

dismiss the orders, as insufficient evidence was presented to support the allegations in the

section 300 petition. If this Court does not reverse the jurisdictional findings, it should

reverse the juvenile court’s exit orders reducing her time with Minors to every other

weekend, as it was not in the Minors’ best interests to have their time with Mother

reduced. We affirm.

FACTUAL AND PROCEDURAL HISTORY

A. OUT-OF-CUSTODY REPORT AND SECTION 300 PETITION

The family was currently involved in a family law case. A hearing was held on

November 23, 2022, in family court regarding child custody and other matters. At that

hearing, joint legal and physical custody was awarded to Mother and Father (collectively,

Parents). The party’s custody schedule involved alternating weeks and weekends. The

1 All further statutory references are to the Welfare and Institutions Code unless
otherwise indicated.

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order set up a custody schedule for holidays. On July 31, 2024, a hearing was held on a

request for order. Parents were to continue to have joint physical and legal custody.

Parents were ordered not to use alcohol, marijuana or narcotics within 12 hours of their

time with Minors. Parents were to attend co-parenting classes. Minors were to be

enrolled in counseling.

On September 11, 2025, plaintiff and respondent Riverside County Department of

Public Social Services (DPSS) received an immediate response referral alleging sexual

abuse and general neglect. Minors, when they were in the care of Mother, lived with

Mother, Mother’s boyfriend (Boyfriend), and Boyfriend’s eight-year-old daughter, B.W.

It was reported that B.W. and K had been touching one another inappropriately. This was

not an isolated incident. B.W. and K had a history of touching each other. Mother

reported to DPSS on September 11, 2025, that B.W. had a communicable disease which

gave her cold sores.

A social worker visited Mother at her home. Boyfriend and B.W. were present.

Mother and Boyfriend had been in a relationship for six years. Mother reported to the

social worker that on September 9, 2025, she asked K if she and B.W. had been doing

anything inappropriate. K said “no,” but told her B.W. had asked her on September 7,

2025, if she wanted to do inappropriate things. K did not engage in inappropriate

behavior. Mother disclosed that three years prior, she found K and B.W. with their pants

down and “shaking their buttocks.” They also told her that they touched each other’s

vaginal area. After this incident, Boyfriend and Mother kept K, C, and B.W. from

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sharing a room for one year. Mother believed that there was no longer an issue and

allowed them to be in the same room.

Mother had asked K recently about possible inappropriate behavior because B.W.

and B.W.’s stepsibling, C.O., had a communicable disease. C.O. had the disease in her

mouth and “other parts.” Mother was upset that B.W. had brought the disease into her

home. Mother saw a bump on B.W.’s lips and gave her cream for it. B.W. had these

bumps twice each month. She believed C.O. could have contracted the communicable

disease from B.W. inappropriately touching C.O.

Mother denied that Minors were exposed to sexual content in her home. She

believed that B.W. was teaching Minors about sexual behaviors. Mother stated that she

could not keep B.W. and K in separate rooms because A had just gotten her own room

and, “ ‘Just because B.W. does stupid things does not mean she needs to punish [A].’ ”

The social worker reminded Mother that K was also engaging in inappropriate behaviors.

Mother denied that K was engaging in these behaviors and that it was all initiated by

B.W. Mother agreed to supervise more while Minors and B.W. were in the home.

Mother reported that Minors had participated in six months of court-ordered therapy and

had graduated. She did not think they needed further therapy.

Boyfriend was also interviewed. He was aware of sexualized behaviors between

B.W. and K in the past. He did not know anything about the recent incident. Boyfriend

believed that B.W. was learning these behaviors in her mother’s home. Boyfriend

wanted B.W. and K in separate bedrooms.

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Father was also interviewed. Father stated that Mother had advised him that

Minors were done doing therapy; he wanted them to continue with therapy. Father

believed Mother was influenced by Boyfriend to stop the therapy. He offered to drive

them to their appointments, but Mother had declined. K had been diagnosed with

attention deficit hyperactivity disorder (ADHD), and Father gave her medication. Mother

stopped giving K the medication. Mother advised Father that it was B.W. who was

displaying inappropriate behaviors. Father was aware that in the past, K and B.W. played

a game of Truth or Dare and they touched each other’s buttocks. B.W. asked K to kiss

her knees and belly button. K had recently told Father that B.W. was acting “weird”

again. K felt she could not tell Mother about the behaviors as she and Boyfriend would

call her a liar. Father expressed that there was no supervision in Mother’s home.

K had told Father that B.W. grabbed her hand and put it on her vaginal area.

Minors did not have a history of cold sores. Father had seen B.W. with a communicable

disease and told Minors not to share anything with her.

K was interviewed at school. K reported that law enforcement had been to their

home a couple of years prior because Boyfriend had spanked her, A, and C. She had seen

Boyfriend drink an alcoholic beverage, and sometimes he drank in the car with her. She

felt safe in Father’s home and “kind of” safe in Mother’s home. K stated Boyfriend was

mean and yelled a lot. Three weeks prior, B.W. had K and C play a game called Truth or

Dare. B.W. dared K and C to take off all their clothes and dance. K and C refused.

B.W. had asked K to touch B.W.’s private part, but K refused. B.W. tried to touch K’s

private part, but K moved her hand away. K did not tell Mother because B.W. would lie

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and say that it did not happen. K, C, and B.W. shared a room. B.W. had cold sores all

the time.

C was interviewed. C felt comfortable in the homes of both parents. She

expressed that B.W. had been “really weird,” and played “weird” games like Truth or

Dare. B.W. would dare her to take off her pants, but she refused. B.W. had touched C’s

vaginal area over her clothes. C did not tell Parents because B.W. would insist that it did

not happen.

A was interviewed. She denied seeing any alcohol or drugs in their homes. Law

enforcement had come to their house one time because Boyfriend had spanked her, K,

and C. She had not witnessed inappropriate touching between K, C, and B.W. A had her

own room. She had seen B.W. with cold sores. She had never played Truth or Dare with

B.W.

Father’s girlfriend was interviewed. She reported Minors had been happier

staying with Mother when Mother was not with Boyfriend. She did not know why

Mother allowed K, C, and B.W. to share a room with the history of inappropriate

behavior. She mentioned that B.W. and K had licked each other’s vaginal area, but

Mother denied it ever happened. She and Father expressed concern with Mother about K

and B.W. sharing a room, but Mother did not mitigate the concerns. She was aware that

B.W. had dared C to take off her clothes and shake her buttocks. Further, B.W. had

grabbed K’s hands and put them on B.W.’s private part.

Mother reported that since DPSS became involved, she was having K and C sleep

in the bedroom and B.W. sleep in the living room. Mother complained about having to

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constantly supervise the three girls when they were together. Mother also asked the

social worker to interview B.W. because she told Mother and Boyfriend she learned the

sexualized behavior from her mother. The social worker explained to Mother that the

problem was that B.W. brought the sexualized behavior into her home. This required

ongoing supervision.

Father contacted DPSS. His girlfriend was told by Minors that Mother had B.W.

put her mattress in the dining room to sleep at night. C reported that she had grabbed

B.W.’s buttocks the past weekend. Father was concerned with the supervision in

Mother’s home.

There were several prior referrals in 2022 and 2024 involving Boyfriend and

Minors. There was a report that Boyfriend had tools and unsafe materials in his front

yard. Mother and Minors were living in the house. It was cleaned up and no referral was

made. There was also the prior referral based on Boyfriend spanking K and A. Another

referral involved Boyfriend reportedly driving under the influence while Minors and

B.W. were in the car. This occurred in January 2024. Mother denied any knowledge of

Boyfriend driving under the influence. Boyfriend denied ever driving under the

influence. The allegations of general neglect were unfounded and the case was closed.

DPSS was concerned about the wellbeing of Minors in the care of Mother. There

were ongoing concerns about supervision. Despite concerns about sexually inappropriate

behavior, Mother had failed to provide proper supervision. There were no concerns

about Father. DPSS believed that Minors could stay in the care of Parents.

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On September 29, 2025, DPSS filed its Out of Custody Initial Petition Report

(Petition) (all caps and boldface omitted). DPSS recommended that the trial court find a

prima facie showing had been made as to Minors that they came within section 300,

subdivision (b). It was recommended that Minors remain in the care of Father and

Mother, and the matter be set for a jurisdiction/disposition hearing. It was alleged under

section 300, subdivisions (b)(1) and (b)(4), against Mother (b-1) Mother demonstrates

limited ability to protect the children, in that she allows the children to sleep in the same

room, despite having knowledge of the children’s sexualized behaviors towards each

other. Further, Mother minimizes the children’s behaviors and refuses to separate the

children from sleeping in the same room, claiming it is an inconvenience to separate

them, which places the children at great risk of physical and emotional harm.; (b-2)

Mother neglects the children’s mental health needs in that she fails to obtain ongoing

mental health counseling for the children. Further, Mother stopped giving K medication

for the child’s ADHD diagnosis, placing the children at risk of serious injury, neglect

and/or abuse; and (b-3) Mother fails to protect the children in that she allowed her partner

to supervise the children while he was under the influence of alcohol. In addition, K

disclosed Mother’s partner had alcohol in his car, which places the children’s safety and

well-being at risk.

An addendum report was filed on October 9, 2025. Minors remained in the joint

care of Parents. B.W. had been interviewed on October 1, 2025. She reported that K and

C were mean to her. She slept on a mattress in the living room during the week when she

stayed with Boyfriend, her father. On the weekend, she would sleep in the bedroom, and

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K and C would sleep in the living room. B.W., K, and C still played together, and

Boyfriend and Mother did not supervise them. She denied any further inappropriate

interactions with K or C. B.W. did not feel safe in Boyfriend’s home because K and C

were mean to her.

K was interviewed again. B.W. had not recently asked to play Truth or Dare. If

they played together, they had to keep the bedroom door open. Mother would supervise

from the couch or put a camera in the bedroom. A was also interviewed again. She

expressed that Mother watched when B.W., K, and C played together. B.W. had separate

plates, bowls and utensils. A had not observed Boyfriend drinking while driving.

Mother wanted to pay to have B.W. take a lie detector test. The social worker

informed Mother it was not appropriate for a child to take a lie detector test. Mother also

reported that she had been informed by the school authorities that when Minors were

staying with Father, they were oftentimes late for school. This impacted their attendance

and grades.

On October 6, 2025, Father reported to DPSS that Minors and B.W. had been

playing in the garage at Mother’s house. B.W. was jumping up and down and her pants

“fell down.” She sat and laughed about it. K told Father that she saw B.W. unbutton her

pants before jumping.

The first hearing on the Petition was conducted on October 14, 2025. DPSS

requested that the juvenile court find that Minors fall within section 300 and set a

jurisdiction/disposition hearing. Minors were to remain in the care of Parents. Counsel

for Minors requested that Minors spend as little time with B.W. as possible when staying

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with Mother. Father was seeking full-time custody of Minors as K did not feel safe in

Mother’s home. Mother’s counsel reported that Mother was willing to try to change the

time that she and Boyfriend had custody of B.W. Father was named the presumed father.

The matter was continued for Mother to address changing custody times so that the time

Minors spent with B.W. was minimized. Until the continued hearing, Minors were to

stay with Father.

DPSS filed an addendum report for the continued hearing. The mother of B.W.

had agreed to change the custody arrangement with Boyfriend so that B.W. would not be

in the home of Mother and Boyfriend with Minors when they were with Mother. Father

continued to request that he have care of Minors full time despite the change in schedule

for B.W., as he was concerned about the supervision in Mother’s home. DPSS remained

concerned about Mother’s ability to supervise Minors. She minimized the sexual conduct

among the children and made “minimal protective arrangements” to mitigate the

concerns about sexual conduct. Mother had also expressed that ongoing supervision in

her home was an inconvenience. DPSS believed Minors could remain in Mother’s and

Father’s homes with DPSS oversight.

The continued hearing was conducted on October 17, 2025. The parties had

agreed to a custody schedule based on B.W. not being present in Mother’s home when

Minors were with her. Father expressed concern that Minors were not enrolled in therapy

and that Mother had discontinued K’s ADHD medication. Mother responded that Minors

had completed six months of therapy and had “graduated.” Further, Mother had been

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advised by various medical professionals that K did not have ADHD, and that was the

reason she discontinued medication.

B. JURISDICTION/DISPOSITION REPORT

DPSS filed their jurisdiction/disposition report on November 12, 2025. DPSS

recommended that the b-1, b-2 and b-3 allegations under section 300 be found true by a

preponderance of the evidence, and Minors be declared dependents. It recommended that

family maintenance services be provided to Parents. Parents would share joint and

physical custody and keep the custody schedule of alternating weeks and weekends.

On May 15, 2024, Mother filed an ex parte request for full physical and legal

custody in family court. She insisted that Minors were suffering emotional harm in

Father’s care and that he was exhibiting erratic behavior. Father forced Minors to tell

him everything that happened while in Mother’s care. Minors reported to Father that

Mother would spank them. Father responded on July 14, 2025, that he wanted sole legal

and physical custody. Mother oftentimes pulled Minors out of school. Further, Mother

was living with Boyfriend, and their relationship was unstable. Boyfriend exhibited

“erratic and angry behavior.” K and A had been crying at school and reported that

Boyfriend had spanked them while they were returning from a trip. He also reported that

K and B.W. had previously engaged in inappropriate sexual behavior. On July 31, 2024,

Parents were ordered to enroll in parenting classes and Minors were to attend therapy.

DPSS interviewed A on November 5, 2025, with Mother present. She expressed

that everyone in the family got along well. A enjoyed therapy, but did not believe that

she needed to continue therapy. A denied having suffered sexual abuse. K was

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interviewed the same day with Mother present. Father sometimes would talk badly about

Mother. K also liked therapy, but she did not think she needed further therapy. K no

longer took her ADHD medication, but noted that when she took it, it helped her focus.

She could not focus as well when she was not on the medication. She did not recall the

medication making her feel sick. C was also interviewed, but she denied any

inappropriate sexual abuse and would advise Mother if it happened.

On November 3, 2025, Mother stated she refused to give ADHD medicine to K

because it caused her to lose weight and she had no energy. Mother insisted that K did

not have ADHD. Mother wanted B.W. to be reinterviewed because B.W. had admitted

that she had lied to the prior social worker about learning her sexualized behavior at

Boyfriend’s house; she learned it at her own mother’s house. Mother did not take Minors

out of therapy; they had completed their court-ordered therapy. She had been keeping

B.W. separated from Minors. They were on separate custody schedules. Mother insisted

that if B.W. was with Minors, they were supervised at all times.

Mother also provided additional information including photographs of A, K, and C

graduating from therapy. She also provided a medical report that Minors did not have

any communicable diseases. She also provided medical documentation that K did not

have ADHD.

Father reported he felt that K needed the ADHD medication on school days

because K stated it helped her focus. Father suffered from ADHD and thought that K

showed the same symptoms of ADHD. Father also provided documentation that showed

that K was helped by the ADHD medication. Father reported that he thought the b-3

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allegation regarding Boyfriend’s alcohol use around Minors was true. Minors told Father

that Boyfriend was constantly drinking cocktails. Minors had reported once that

Boyfriend had been driving with a drink in his hand. He got pulled over and threw the

cup in the back with them. Father was concerned that Minors had not been truthful in

their interviews about Boyfriend drinking alcohol because Mother was present at the

interviews.

DPSS believed there was sufficient evidence to support all of the allegations in the

Petition. As for allegation b-1, Mother expressed several times that it was an

inconvenience to move around B.W. and Minors, and to provide supervision. Mother

blamed B.W. for what occurred in her home. She frequently requested that B.W. be

reinterviewed because B.W.’s mother was to blame for her behavior. Further, Father

reported to the family law court one year prior that B.W. and K had been engaged in

inappropriate behavior at Mother’s house and Mother had done nothing to stop future

incidents. The b-2 allegation should be found true. It was understandable that Mother

may have concerns about ADHD medication, but her reports of K losing weight and

having a fever were not supported by the documentation provided by Mother. Further, on

November 5, 2025, K reported that the medication helped her. K had denied feeling sick

or not being able to eat while on the medication. Father’s girlfriend had reported that K’s

behavior improved when she was on the medication. There was no support in the

documentation that K had lost weight while taking the ADHD medication. On November

12, 2024, it was reported by K’s school that she was having trouble concentrating. K

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requested that she be able to take her ADHD medication, but Mother did not want her to

take it.

The b-3 allegation was supported by evidence that Minors initially reported

Boyfriend drank alcohol daily. He also would drink while driving. Minors later denied

that Boyfriend drank alcohol in the home, but Mother was present at their interviews.

Boyfriend was also present for part of the interviews.

Mother believed changing the times of custody of Minors and B.W. had addressed

the concerns of DPSS. Mother felt there was no improper supervision and that B.W.

should be interviewed “so that the truth could come out.” Mother was concerned that

Father and his girlfriend talked negatively about her in front of Minors.

Father felt that Minors were stressed from going back and forth to the two houses.

In his home, Minors were free to express their emotions. Minors struggled when they

were living with Boyfriend. Father also indicated that Minors stated Boyfriend had been

kinder since DPSS became involved, but they feared he would be rude to them again if

DPSS were not involved. Minors were “people pleasers” who did not want to upset

Mother or Boyfriend. Father reported on November 7, 2025, that he was told by Minors

that B.W. attended A’s dance performance despite the children not being allowed

together. Minors were struggling in school due to the stress of everything. Father

wanted K to be enrolled in therapy. He wanted Minors in his care during the school week

so that whatever was happening at Mother’s home would not impact their schoolwork.

DPSS reported that Mother changing custody of B.W. to keep her separate from

Minors “seems to have resolved the concerns [of] further incidents of inappropriate

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touching; however, this is not the only concern.” DPSS was concerned there was an

“ongoing family law battle” between Parents. Father still expressed concern about

Minors being supervised in Mother’s home, and Mother was concerned about negative

things said about her in Father’s home. DPSS believed the family could benefit from

ongoing monitoring to ensure the safety of Minors and that they are being appropriately

supervised in both homes. DPSS was recommending family maintenance, which would

include counseling and parenting education. Further, K should undergo a psychological

and medical evaluation to address whether she suffered from ADHD and should take

medication.

The jurisdiction/disposition hearing was set contested for December 15, 2025.

DPSS was to investigate if Mother was complying with keeping Minors and B.W. apart.

An addendum report was filed on December 10, 2025, with changes to the

recommendations. DPSS was requesting that, in lieu of dependency, Father be granted

sole legal and physical custody of Minors, and Mother be granted visitation every other

weekend. Visitation with Mother would not occur when B.W. was also in Mother’s

home.

Father reported that K had been stressed out and it would be better for her to

remain at his house. He also provided text messages from 2023 where Mother discussed

inappropriate touching amongst the children. Father provided a photograph taken on

October 24, 2025, of Minors and B.W. at A’s dance recital. Mother had been showing

videos and photographs to K to show that she had been sick when she was taking the

ADHD medication. K was now claiming she did not want to take the medication.

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DPSS visited Father’s home on December 1, 2025. A reported she had a good

Thanksgiving break and never saw B.W. at Mother’s home while they were there for

Thanksgiving. She felt safe in both houses. Father’s girlfriend reported that at the dance

recital, Mother had called B.W. over to speak with A. Father and his girlfriend also

reported that A had cried prior to school that day and they believed it was due to stress.

They also believed that Mother was focused on B.W. being the one to blame rather than

taking accountability and increasing supervision. They also expressed concern for the

overall safety of Minors in Mother’s care, referencing several prior instances where

Minors did not wear helmets while riding bikes or life jackets at the rivers. It was not

clear when these events occurred.

Father had stopped taking his ADHD medication, telling K that if she could not

take her medication, he would also stop. They would learn to cope together. K was

interviewed. She appeared to have a tic, which caused her to repeatedly raise her

eyebrows and sometimes her eyebrows would twitch. K felt safe in both homes.

K wanted to be back on her medication. K had never felt sick while taking her

medication; she acknowledged Mother showing her videos and photographs of her being

sick. She denied seeing B.W. recently, and Boyfriend had stopped drinking once DPSS

got involved. C was also briefly interviewed. She saw B.W. at school. She felt safe in

both homes.

Mother repeatedly contacted DPSS in regard to K being evaluated by a medical

doctor selected by DPSS to determine if she had ADHD. K was subjected to a “Child

Needs and Strength Assessment,” called a CANS assessment. The evaluator stated that it

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appeared K felt pressure not to tell the truth, but opened-up during the session. K

reported concerns about Boyfriend. After the assessment, Mother expressed concern that

she had not been allowed to be present and was not notified prior to the assessment. She

was concerned that Father was taking Minors to appointments without her knowledge or

consent. Father notified DPSS that A and C also completed CANS assessments and K

was set for a medical evaluation on January 13, 2026. Mother was advised and she was

upset she had not been advised beforehand about the CANS assessments of A and C.

Mother also made an appointment for K to see her clinician, but was advised by DPSS

that K was going to be seen by a provider approved by DPSS.

On December 8, 2025, a new referral was received by DPSS for Mother and

Boyfriend. It had been reported by K that Boyfriend screamed at her to finish her food,

called her names and made fun of her tics. He called her a “retard.” One time K fell and

Boyfriend laughed at her. Boyfriend would tell Minors, “fuck around and find out.” K

also reported being spanked by Boyfriend.

A social worker went to Minors’ school to speak with them. K reported that she

could not stop moving her eyebrows and fidgeting. Boyfriend made fun of her by

copying her facial movements, which made her feel sad. Mother had been present and

did nothing to stop him. Mother told K she was going to tape her eyebrows to stop them

from moving, which also made K sad. Boyfriend yelled at her and C. C reported that she

had seen Mother hold K’s eyebrows to stop them from moving. This made C sad. C said

that Boyfriend yelled at her if she did not eat her food fast enough. Mother would be

present and not say anything. She wished that Mother and Boyfriend were not so mean.

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Mother denied that K had facial tics. She also denied telling K she was going to

tape her eyebrows down. Mother also denied that Boyfriend made fun of K and denied

that he would drink and drive. Boyfriend never yelled at Minors. Boyfriend also denied

that K had facial tics and insisted he never teased her. Boyfriend denied that he yelled at

Minors and he would never drink and drive.

DPSS recommended that the case be closed with family law orders in favor of

custody to Father, and visitation every other weekend for Mother. Attached to the

addendum report were text messages between Parents starting in March 2022. They

discussed giving K her medication; Mother admitted at times not giving her the

medication. There were texts in May 2023 about B.W. and K touching each other. On

December 15 the jurisdiction/disposition hearing was continued to February 3, 2026.

DPSS filed another addendum report on January 29, 2026, before the continued

hearing. It continued to recommend closing the case with sole legal and physical custody

to Father and visitation for Mother every other weekend. On December 11, 2025, DPSS

had received another referral for Mother and Boyfriend reported by A. A reported that

Boyfriend was mean to her, K and C. He yelled at them and called them “retards.”

During the reporting period, Father spoke with a social worker expressing that A

appeared to be suffering from stress due to the whole situation. On Christmas Day, he

dropped A off at Mother’s house. A called him sobbing and said that she missed Father.

Mother allowed A to return to Father’s care. On January 15, 2026, Father texted DPSS

that K had been diagnosed with a tic disorder.

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Minors were interviewed again on January 20, 2026. K felt safe in both homes.

K had been meeting with a therapist and liked attending. She had recently had a doctor’s

appointment and hoped she could return to taking her medication. A also felt safe in both

homes. She liked seeing her therapist. She went back to Father’s home on Christmas

Day because she missed him. C felt safe in both homes and liked her therapist.

Boyfriend still yelled at her if she did not eat her food fast enough. On January 28, 2026,

the medical clinic where K was seen confirmed she had been diagnosed with a “Motor

Tic Disorder,” but she was still being evaluated for ADHD. Father complained to DPSS

that he picked up Minors at school and at the same time Mother was picking up B.W.

Father reminded Mother that Minors were not to be around B.W., even at pick up from

school.

C. JURISDICTION/DISPOSITION HEARING AND EXIT ORDER

At the jurisdiction/disposition hearing held on February 3, 2026, DPSS submitted

on all of their reports. Minors’ counsel argued there was sufficient evidence to support

the three allegations in the Petition. Minors’ counsel objected to the case being

terminated as Minors would benefit from further DPSS involvement. Minors’ counsel

expressed her belief the issues that brought the family to the attention of the court and

DPSS had not been resolved. She expressed concern that Minors were being coached.

One of the Minors advised counsel that Boyfriend was still spanking her. Further, there

were two new referrals involving Boyfriend. K was still being assessed for ADHD, and

there was concern that Boyfriend drove Minors while he was drinking. Further, Mother’s

agreement to separate B.W. from Minors was a “relatively new arrangement.” Minors’

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counsel thought it would be helpful for Parents to attend co-parenting classes. Further,

DPSS could continue to monitor that B.W. was not having contact with Minors. Minors

expressed to counsel they wanted to spend equal time with their parents. Minors’ counsel

felt it was best to continue the case and eventually return to the original alternate week

and weekend custody arrangement.

Mother’s counsel stated that Mother did not want to lose custodial time with

Minors. She wanted the case dismissed without any findings and the original custody

arrangement be imposed. Mother’s counsel argued B.W. was no longer living with

Minors so the b-1 allegation was not true. As for the b-2 allegation, Mother had been

cooperative in getting K assessed for her ADHD. She would follow any

recommendations from an independent doctor. There was no evidence of the b-3

allegation as to the current risk of Boyfriend drinking alcohol and driving. Father’s

counsel agreed with the DPSS recommendations.

DPSS argued that Mother showed a failure to protect, as alleged in b-1, not only in

regard to the sexualized behaviors but in supervising Minors. Mother had known about

the sexualized behavior, but allowed K and B.W. to share a room. She blamed B.W. for

the incidents. Mother also was reluctant to have Minors involved in additional therapy.

Mother did not protect Minors from Boyfriend. Boyfriend yelled at Minors and Mother

did not intervene. Mother also did not stop Boyfriend teasing K about her tics. Further,

the b-2 and b-3 allegations were supported by the evidence. DPSS believed that since

Father was a protective parent, it was not necessary to keep the matter open. Father put

the priorities of Minors above all despite the ongoing issues with Mother.

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The juvenile court stated it had read the reports submitted by DPSS and they were

accepted into evidence. The juvenile court first noted that the parties were preoccupied

with determining who was at fault for the sexual misconduct or what first caused it to

occur. The juvenile court found it “irrelevant” for purposes of the proceedings. The

juvenile court was not going to blame children for their misconduct. It was the juvenile

court’s job to ensure the safety of the children to get appropriate treatment and therapy.

DPSS had initially been concerned that Mother was not adequately keeping Minors and

B.W. apart. Once the case was filed, “partially because of a lack of co-parenting,” there

have been a “whole host of other issues” that had arisen. The juvenile court noted there

were concerns about whether Minors were having their medical needs met and that the

children were being mocked or being yelled at. The juvenile court noted there had been

no allegation in the Petition about K being mocked about her tic disorder or Minors being

yelled at by Boyfriend and would not consider these issues.

The juvenile court noted that the real issue before it was whether Minors were

“currently at risk of physical harm or some kind of serious emotional harm.” The

juvenile court noted that there were no perfect parents, and ADHD was difficult to

diagnose and parents could disagree as to the appropriate treatment. The juvenile court

wanted to ensure Minors were safe and their basic needs were being met.

The juvenile court found the allegations in the petition true by a preponderance of

the evidence. The juvenile court ordered the case terminated with physical and legal

custody being awarded to Parents, with the primary household being Father’s home.

Mother would have custody of Minors only every other weekend from Friday afternoon

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until Monday morning. B.W. and Boyfriend were not to be present during her custody

time. The juvenile court orders would be filed in the family law court. The juvenile

court noted that if circumstances changed, either party could return to the family law

court to seek a modification. The juvenile court encouraged both parties to attend co-

parenting courses. The juvenile court stated it understood that Minors’ counsel would

prefer continued supervision, but the court did not have “endless resources to assist

parents and parties,” and this was not the “type of matter” to continue supervision.

Mother filed an appeal from the “Custody Order—Juvenile—Final Judgment” (all

caps and boldface omitted) filed on March 3, 2026, and the findings at the February 3,

2026, hearing.

DISCUSSION

A. JURISDICTION FINDINGS

Mother essentially contends the Petition should have been dismissed by the

juvenile court because the jurisdictional findings under section 300, specifically the

allegations under b-1, b-2 and b-3, were not supported by substantial evidence.

“[S]ection 300, subdivision (b)(1), authorizes dependency jurisdiction where ‘[t]he

child has suffered, or there is a substantial risk that the child will suffer, serious physical

harm or illness, as a result of ... [¶] ... [¶] ... [t]he inability of the parent or guardian to

provide regular care for the child.... Jurisdiction under section 300, subdivision (b),

requires proof of (1) the specified parental condition or conduct (2) that has caused

(3) ‘serious physical harm or illness’ or a ‘substantial risk’ of such harm or illness.” (In

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re L.W. (2025) 109 Cal.App.5th 1012, 1019; see also In re Cole L. (2021) 70 Cal.App.5th

591, 601.)

The burden of proof at the jurisdictional hearing is a preponderance of the

evidence. (In re I.C. (2018) 4 Cal.5th 869, 876; In re B.H. (2024) 103 Cal.App.5th 469,

479-480.) “ ‘ “We review the juvenile court’s jurisdictional findings for sufficiency of

the evidence. [Citations.] We review the record to determine whether there is any

substantial evidence to support the juvenile court’s conclusions, and we resolve all

conflicts and make all reasonable inferences from the evidence to uphold the court’s

orders, if possible. [Citation.] ‘However, substantial evidence is not synonymous with

any evidence. [Citations.] A decision supported by a mere scintilla of evidence need not

be affirmed on appeal. [Citation.] Furthermore, “[w]hile substantial evidence may

consist of inferences, such inferences must be ‘a product of logic and reason’ and ‘must

rest on the evidence’ [citation]; inferences that are the result of mere speculation or

conjecture cannot support a finding [citations].” [Citation.] “The ultimate test is

whether it is reasonable for a trier of fact to make the ruling in question in light of the

whole record.” ’ ” ’ ” (In re J.A. (2020) 47 Cal.App.5th 1036, 1046.)

“When a dependency petition alleges multiple grounds for its assertion that a

minor comes within the dependency court's jurisdiction, a reviewing court can affirm the

juvenile court's finding of jurisdiction over the minor if any one of the statutory bases for

jurisdiction that are enumerated in the petition is supported by substantial evidence. In

such a case, the reviewing court need not consider whether any or all of the other alleged

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statutory grounds for jurisdiction are supported by the evidence.” (In re Alexis E. (2009)

171 Cal.App.4th 438, 451.)

There is substantial evidence in the record to support the b-1 allegation under

section 300 in the Petition. As stated, the allegation provided, “[M]other demonstrates

limited ability to protect the children, in that she allows the children to sleep in the same

room, despite having knowledge of the children’s sexualized behaviors towards each

other. Further, [M]other minimizes the children’s behaviors and she refuses to separate

the children from sleeping in the same room, citing it as an inconvenience; such actions

place the children at great risk of physical and emotional harm.”

Mother and Minors came to the attention of DPSS based on K reporting B.W. was

acting “weird again.” K reported that B.W. had grabbed her hand and put it on B.W.’s

vagina. B.W. also had K and C play Truth or Dare with her and asked them to do

sexually inappropriate things. K had initially not told Mother and Boyfriend, as they

would call her a liar or B.W. would deny the accusations. Several years prior, the same

things had occurred, and Mother separated Minors from B.W. for one year. However,

after one year, she put them all back in the same bedroom together and the same things

occurred. After this second incident, Mother initially refused to separate K, C, and B.W.,

because A had been given her own room and Mother did not think it was fair to punish A,

but eventually relented and separated Minors from B.W. Mother complained about

having to supervise B.W., K, and C while they played together. C reported that even

after having separate rooms, she grabbed B.W.’s buttocks. Further, K, C, and B.W. were

playing in the garage, and B.W. unbuttoned her pants so that they would fall down when

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she jumped up and down. Mother continued to ask DPSS to interview B.W. as Mother

blamed her for the sexually inappropriate behavior, and even wanted B.W. to take a lie

detector test. DPSS had to repeatedly advise Mother that it was important to stop the

inappropriate behavior, and not to be concerned with who was responsible, as they are all

children.

The juvenile court and DPSS had to step in and require that B.W.’s custody

arrangement be changed in order to keep her from engaging in inappropriate sexual

behaviors with Minors. DPSS remarked that since B.W. had been removed, it appeared

the issue had been resolved, but it remained concerned about Mother’s ability to

supervise. DPSS first recommended joint custody and the same alternating week and

weekend schedule, and continued supervision with the family on a family maintenance

plan. However, after this recommendation, it performed further investigation, and it

changed the recommendation to custody for Father, and that Mother was to have Minors

in her care every other weekend. This appears to be as a result of B.W. being with

Minors at A’s dance recital despite the juvenile court order to keep B.W. and Minors

from seeing each other.

At the jurisdiction/disposition hearing, DPSS reported that it was still concerned

about Mother’s ability to supervise Minors and B.W. It recommended sole legal and

physical custody be with Father, and that visits between Mother and Minors not include

Boyfriend. The juvenile court expressed that it was concerned with whether Minors were

at risk of emotional or physical harm, and it found that the allegations were supported by

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the evidence presented by DPSS. It also was concerned that Boyfriend not be present

during Minors time with Mother.

The juvenile court properly determined that the best way to protect Minors was to

have them in the custody of Father. He was able to provide a protective environment,

and Minors would still have contact with Mother. The juvenile court properly found the

b-1 allegation true by a preponderance of the evidence.

The b-2 allegation alleged that Mother neglected the mental health needs of

Minors as she failed to obtain ongoing mental health counseling for Minors and did not

give K her ADHD medication. DPSS remained concerned that Mother was minimizing

or neglecting the medical needs of Minors. Minors stated that they liked participating in

therapy, but Mother was reluctant to send them to therapy. A suffered stress from the

ongoing family issues and liked to go to therapy. C and K both liked going to therapy,

and they both had been involved in the sexually inappropriate behavior with B.W.

Mother did not believe that Minors needed continued therapy, but it did appear that it was

helpful. Further, Mother had teased K about her tic disorder, telling her she was going to

tape her eyebrows open. Mother also initially refused to give K her ADHD medication

even though K expressed that it helped her. Mother showed K videos and photographs of

K on the medication, claiming that K was always sick when she took the medication.

K could not recall being sick. The juvenile court properly found the allegation in b-2 true

by a preponderance of the evidence.

The b-3 allegation was that Mother failed to protect Minors by allowing Boyfriend

to supervise Minors while under the influence of alcohol and by drinking in the car while

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Minors were present. Minors initially reported that Boyfriend was mean and drank

alcohol in the car. In January 2024, it was reported that Boyfriend was drunk driving

with Minors in the car. Minors reported that Boyfriend drank cocktails around them.

The only time that Minors denied that Boyfriend drank alcohol around them was during

interviews when Mother was present. Minors’ counsel believed Minors were being

coached. The juvenile court could reasonably be concerned that Boyfriend was not

properly supervising Minors based on his alcohol use and properly found the b-3

allegation true. The allegations in the Petition were supported by the evidence.

B. EXIT ORDER

Mother contends the exit order made by the juvenile court giving her custody of

Minors only every other weekend was an abuse of discretion and should be reversed as it

was not in the best interests of Minors.

“Section 362.4 authorizes a juvenile court to issue exit orders for visitation and

custody when terminating dependency jurisdiction, and those orders remain in place even

after jurisdiction is terminated.” (In re R.F. (2021) 71 Cal.App.5th 459, 473.) Section

362.4, subdivision (a) states: “If the juvenile court terminates its jurisdiction over a

minor who has been adjudged a dependent child of the juvenile court …, the juvenile

court on its own motion, may issue ... an order determining the custody of, or visitation

with, the child.” Hence, “[w]hen the juvenile court terminates its jurisdiction over a

dependent child, section 362.4 authorizes it to make custody and visitation orders that

will be transferred to an existing family court file and remain in effect until modified or

terminated by the superior court.’ ” (In re Chantal S. (1996) 13 Cal.4th 196, 203.)

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“Section 362.4 does not require a finding of detriment under any circumstances; as

a result, courts have applied the best interest standard in determining appropriate custody

and visitation exit orders at this stage.” (In re J.M.. (2023) 89 Cal.App.5th 95, 113-114;

see also In re C.M. (2019) 38 Cal.App.5th 101, 109 [“When a juvenile court makes

custody and visitation orders, it does so ... guided by the totality of the circumstances in

issuing orders that are in the child’s best interests”].) “ ‘[T]he juvenile court has broad

discretion to make custody [and visitation] orders when it terminates jurisdiction in a

dependency case [citation].’ [Citation.] We review the juvenile court’s exit orders for an

abuse of that discretion.” (J.M., at pp. 112-113.)

It was undisputed that there were no concerns while Minors were in the custody of

Father other than Mother complaining that Father was talking poorly about her. Father

properly supervised Minors and was open to therapy for Minors and any other care they

needed. On the other hand, Minors expressed concerns when they were in the home of

Mother. Boyfriend yelled at and teased Minors, and the supervision by Mother was

lacking in that she did not step in to protect Minors. Mother had only been keeping B.W.

and Minors apart for a few months by the time of the jurisdiction/disposition hearing, and

it was reasonable for the juvenile court to be concerned with Minors spending every week

with Mother. Mother continued to push back on therapy for Minors and medication for

K. Further, since Mother lived with Boyfriend, and it was in the best interests of Minors

not to be in the presence of Boyfriend when with Mother, it was unrealistic to award

alternating weeks and weekends to Mother, as it does not seem that Boyfriend could be

out of the home all that time. Finally, Mother can petition the family law court to change

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the custody order any time she believes the circumstances have changed. (§ 302, subd.

(d); Heidi S. v. David H. (2016) 1 Cal.App.5th 1150, 1163.) The juvenile court did not

abuse its discretion in making the custody and visitation exit order.

DISPOSITION

The juvenile court’s orders made at the jurisdiction/disposition hearing are

affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS.

MILLER
J.

We concur:

RAMIREZ
P. J.

CODRINGTON
J.

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