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In re V.M.

In re V.M.
09:30:2007


In re V.M.





Filed 9/13/06 In re V.M. CA5







NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS







California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


FIFTH APPELLATE DISTRICT













In re V. M., a Person Coming Under the Juvenile Court Law.




TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY,


Plaintiff and Respondent,


v.


LINDA G.,


Defendant and Appellant.




F049960



(Super. Ct. No. J60452)




OPINION



APPEAL from a judgment of the Superior Court of Tulare County. Charlotte A. Wittig, Juvenile Court Referee.


Teri A. Kanefield, under appointment by the Court of Appeal, for Defendant and Appellant.


Kathleen Bales-Lange, County Counsel, and Jonna M. Thomas, Deputy County Counsel, for Plaintiff and Respondent.


-ooOoo-


Linda G. appeals from the juvenile court's jurisdictional/dispositional order regarding her child, V. She contends one of the three jurisdictional allegations was not supported by substantial evidence. We affirm.


FACTS


Linda's 11-year-old daughter V. was removed from her custody when V. reported to school officials that she had been physically and sexually abused by Linda's live-in boyfriend, Jesus S., for the past three years. This was not the first time V. had been sexually abused by one of her mother's boyfriends. When V. was five years old, Linda's then boyfriend, Edward H., sexually abused V. and was sent to prison for three to five years. V. also reported past sexual abuse by her grandmother's boyfriend, Alfredo, and Linda reported that when V. was seven years old, V. claimed Linda's then boyfriend, Benjamin D., sexually abused her. Linda was offered counseling services in Fresno County in connection with V.'s abuse by Edward H. However, Linda did not complete the services because she was scared V. would be taken away from her if she talked to the psychologist.


Following a contested jurisdictional/dispositional hearing, the juvenile court sustained the dependency petition on the basis of Welfare and Institutions Code[1] section 300, subdivisions (b) and (d), because of Linda's failure to protect V. from the physical abuse of Jesus, and because of the sexual abuse by Jesus and others, specifically:


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Description Appellant appeals from the juvenile court's jurisdictional/dispositional order regarding her child. Appellant contends one of the three jurisdictional allegations was not supported by substantial evidence. Court affirm.

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