In re Derek E. CA2/5
The Los Angeles County Department of Children and Family Services (Department) filed a petition under Welfare and Institutions Code section 342 alleging father Rudy E. sexually abused his then seven-year-old son Derek E. and then three-year-old daughter Genesis E. within the meaning of section 300, subdivisions (b), (d), and (j). The juvenile court amended the counts under section 300, subdivision (b) to allege that father inappropriately touched, rather than sexually abused, the children and sustained those counts as amended. It dismissed the counts under section 300, subdivisions (d) and (j). The Department appeals, contending the juvenile court erred in dismissing the counts alleging sexual abuse under section 300, subdivision (d). We affirm because the challenge to the dismissal of the sexual abuse counts is non-justiciable.
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