What is the scope of jurisdiction under section 300, subdivision (d) of the California Penal Code where there is evidence of a substantial risk that the child will be sexually abused?

California, United States of America


The following excerpt is from Persons Coming Under the Juvenile Court Law. L. A. Cnty. Dep't of Children v. Allen D. (In re Isabella D.), B261322 (Cal. App. 2015):

Section 300, subdivision (d) authorizes jurisdiction where there is evidence of " a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by his or her parent or guardian or a member of his or her household." As relevant here, Penal Code section 11165.1 defines " 'Sexual assault' " to include "child molestation" as set forth in Penal Code section 647.6. "Penal Code section 647.6, subdivision (a)(1) is violated when a defendant engages in the requisite annoying or offensive conduct, motivated by an unnatural or abnormal sexual interest in a specific child or children generally." (People v. Phillips (2010) 188 Cal.App.4th 1383, 1388.)

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