In re Y.H.
Francisca G. (mother) and Jose S. (the minor's father) (together the parents) appeal a judgment declaring their daughter E.S. (the minor), who is now about one year old, a dependent of the juvenile court under Welfare and Institutions Code[1] section 300, subdivision (j) (hereafter section 300(j)), and placing her in a licensed foster care home. The parents challenge the sufficiency of the evidence to support the juvenile court's jurisdictional findings and dispositional order. Specifically, the parents contend that (1) substantial evidence does not support the court's jurisdictional findings under section 300(j) that the minor's father sexually abused her half-sister Y.H., and there was a substantial risk the minor would also be sexually abused by him; (2) because substantial evidence does not support the court's jurisdictional findings, the evidence is also insufficient to support the court's dispositional findings and orders; and (3) even if substantial evidence supports the court's jurisdictional findings under section 300(j), the dispositional order must be reversed with instructions to return the minor to mother's care and custody because the order is not supported by clear and convincing evidence of substantial danger or risk of sexual abuse, nor does the evidence support a finding that no reasonable means were available to protect the minor without removing her from her mother's care. The minor's counsel joins respondent San Diego County Health and Human Services Agency (Agency) in urging this court to affirm the jurisdictional findings and dispositional order.
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