Michael C. v. Super. Ct.
Michael C. seeks writ review of orders terminating his reunification services regarding his sons, David H. and E.R., and referring the matter to a section 366.26 hearing. Michael contends the doctrine of collateral estoppel precludes the Imperial County Department of Social Services (the Department) from relying as the factual basis for subsequent petitions on allegations that he subjected E.R. to sexual abuse. We deny the petition.
FACTUAL AND PROCEDURAL BACKGROUND
In December 2010, seven-year-old David and six-year-old E.R. were taken into protective custody. The Department petitioned on behalf of the two children under section 300, subdivision (b), alleging they were at substantial risk because of Michael's use of methamphetamine. The petitions also alleged law enforcement officers had seized journals written by Michael in which he described how he had forced and was planning to force E.R. to engage in sex acts with a male prostitute named Hector and with other people. The petitions further alleged pornographic movies and magazines were in the home within the children's reach; Michael had been arrested for indecent exposure; blood stains were discovered on the bedding of E.R.'s bed; and E.R. said that after school each day he and David each separately showered with Michael.
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