L. A. Cnty. Dep't of Children & Family Servs. v. Gerardo L. (In re Lyla L.)
| Decision Date | 15 April 2022 |
| Docket Number | B311052,B312720 |
| Parties | In re LYLA L. et al., Persons Coming Under the Juvenile Court Law. v. GERARDO L., Defendant and Appellant. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, In re LYLA L. et al., Persons Coming Under the Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. A.Y., Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
APPEAL from an order of the Superior Court of Los Angeles County No 20CCJP06451, Michael D. Abzug, Judge. Dismissed.
Janelle B. Price, under appointment by the Court of Appeal for Defendant and Appellant Gerardo L.
Law Office of Marissa Coffey and Marissa Coffey, under appointment by the Court of Appeal, for Defendant and Appellant A.Y.
Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Aileen Wong, Deputy County Counsel, for Plaintiff and Respondent.
A.Y. (Mother) and Gerardo L. (Father) appeal from the jurisdiction findings and disposition order declaring 13-year-old Lyla L., nine-year-old Aydin L., and four-year-old Aliyah L. dependents of the juvenile court under Welfare and Institutions Code section 300, subdivisions (b)(1), (c), (d), and (j), [1] after the court sustained allegations that the children were at substantial risk of harm because Mother and Father medically neglected and emotionally abused Lyla by failing to address her mental health issues; Father failed to protect Lyla from the paternal grandfather's sexual abuse; and Father did not believe Lyla's account of sexual abuse. On March 3, 2022, during the pendency of the appeals, the juvenile court terminated jurisdiction and entered a juvenile custody order granting Mother and Father joint legal and physical custody of Lyla, with Lyla having primary residence with Mother, and Father having unmonitored visitation with Lyla on alternative weekends when Aydin and Aliyah are present. The juvenile court granted Mother and Father joint legal and physical custody of Aydin and Aliyah. We dismiss the appeals as moot.
Mother and Father are divorced; the family law court entered a custody order granting the parents joint legal and physical custody of Lyla, Ayden, and Aliyah. Father lived in a house owned by the paternal grandparents, Antonio and Maritza.
The paternal grandparents moved to Rosarito, Mexico after they retired, but they came to Los Angeles weekly to babysit the children for Father.
On October 16, 2020 the Los Angeles County Department of Children and Family Services (Department) received a referral alleging Antonio sexually abused Lyla. Lyla disclosed she was at Father's home watching a video on her cell phone when Antonio walked in and asked, "'What's so funny?'" Lyla, who was wearing shorts and a shirt but no bra, put her cell phone underneath her left thigh, and Antonio touched her there. Antonio then put his hand inside Lyla's shirt and caressed her back. When Lyla shrugged off Antonio's hand, he placed his hand on her chest inside her shirt. Lyla flinched, and Antonio walked out of the room. Maritza, Aydin, and Aliyah were in another room and did not witness the incident.
Antonio denied the allegations. He stated that on October 16 he saw Lyla laughing while looking at her cell phone and tablet. He touched Lyla on her arm and asked, "'What are you doing?'" Lyla replied, "'Nothing.'" Antonio left that same day and returned to his home in Mexico. Maritza also denied Antonio inappropriately touched Lyla, generally confirming Antonio's account. Maritza believed Mother made up the sexual abuse allegations because the family court ordered Mother to pay Father child support after the divorce.
Father stated he did not know what to believe. On October 16 Lyla denied the allegations. The next day, Lyla told Father that Antonio had only rubbed her back and stomach. Then on October 22, in response to Father's inquiry, Lyla acknowledged that Antonio has touched her breast area. Father asked Lyla why she did not tell him this before, and Lyla answered, "'[Y]ou did not ask.'" Father was not concerned about Antonio because Antonio had 18 grandchildren and none of them had ever accused Antonio of sexual abuse. Father agreed to a safety plan in which the children continued to stay with Father every other week on the condition Antonio was not in the home while the children were in Father's custody.
Mother reported Antonio inappropriately touched her when she was 18 or 19 years old. Antonio walked up behind Mother, hugged her, and groped her breast. Father confirmed Mother told him about the incident, but he expressed disbelief because she waited six months to tell him. Mother also reported Antonio inappropriately touched one of her sisters-in-law.
On November 20 Father told the social worker that Antonio would be coming to Los Angeles for doctor appointments. Father agreed Lyla would stay with Mother until Antonio left Father's home. However, on November 22 Lyla was at Father's home sleeping on the couch when she woke up and heard Antonio's voice. Lyla reported she saw Antonio in the hallway, and she went to a neighbor's house to call Mother. When she returned, Father appeared upset and told Lyla no one else needed to know the family's business. Father claimed he had planned to bring Lyla to Mother's home before Antonio arrived on November 22, but he did not know Antonio's arrival time.
Lyla reported she felt uncomfortable being around Antonio. She felt traumatized by the incident, and if she had a choice, she would no longer visit Father's home. Lyla stated, "'I want to live with my mom all the time and only visit my dad when I want to.'" Lyla believed Father doubted the incident occurred.
Following the incident, a mental health clinician spoke with Lyla, who disclosed she had previously cut herself and had suicidal ideations. Mother acknowledged Lyla used to cut herself two years earlier, but Mother denied Lyla cut herself recently. Mother reported Lyla was no longer in therapy because Lyla did not want to participate, and Mother had difficulty finding another therapist. Father stated Lyla previously received therapy, but Mother discontinued the sessions. Antonio reported Lyla had been cutting herself on her thighs for the prior four to five months. Antonio believed Lyla engaged in self-harm because of Mother and Father's custody battle. The mental health clinician recommended Lyla receive therapy.
The Department recommended the children continue to stay with Father every other week as long as Father did not allow Antonio access to the house while the children were there.
On December 7, 2020 the Department filed a petition under section 300, subdivisions (b)(1), (c), and (j), alleging Mother and Father failed to ensure Lyla consistently participated in mental health treatment for her mental and emotional problems, including self-harm. The petition alleged further under section 300, subdivisions (b)(1), (c), (d), and (j), that Antonio, a member of the children's household, sexually abused Lyla; Father knew of the sexual abuse but disbelieved it had occurred; and Father allowed Antonio to reside in the home and have unlimited access to Lyla.
At the December 10, 2020 detention hearing, the juvenile court released the children to Mother and Father under the Department's supervision. Following a one-week "cooling off period" in which Lyla would stay with Mother, the family law custody order would be reinstated.
In a January 12, 2021 interview with the dependency investigator, Lyla indicated she was still traumatized by the sexual abuse. When she was at Father's house, Lyla got flashbacks of the incident and was disturbed by the photographs of Antonio on the wall and his belongings in the house. She felt Father did not believe her and should not have put her in the position of having Antonio in the house. Further, Lyla was uncomfortable in Father's home because of her strained relationship with Maritza.
Father admitted he was still unsure about the sexual abuse allegations and questioned whether Mother made up the allegations because she was angry about having to pay child support.
Mother reported as to Lyla's mental health issues that Lyla had a difficult time in sixth grade during Mother and Father's divorce. Lyla "'had friends that were into cutting behavior.'" Lyla initially refused to participate in therapy. She later agreed, but it was hard to find a female provider who was on the younger side, which was important to Lyla. Although Mother was not able to arrange consistent therapy for Lyla in elementary school, Mother claimed she had been responsive to the issue, explaining, "'[W]e removed all sharp items, we removed medication from the cupboards, I was checking her body on a routine basis to make sure she wasn't cutting herself, and I was consistently having talks with her.'" According to Mother, once Lyla was in middle school, she was no longer depressed and stopped cutting herself.
Father claimed Mother thwarted his efforts to obtain therapy for Lyla. Father stated Lyla's friend disclosed Lyla was cutting herself, but Mother denied it was true. Father reported he took Lyla for therapy, but Mother cancelled the therapy, asserting...
To continue reading
Request your trial