In re Quentin H.
Annotate this CaseFather, convicted of sexual abuse of a child under 14 years old in 1987, appealed the jurisdiction findings and disposition order declaring his children dependents of the juvenile court. Welfare and Institutions Code section 355.1 subdivision (d), creates a rebuttable evidentiary presumption that a parent who has previously been convicted of sexual abuse or is required as the result of a felony conviction to register as a sex offender poses a substantial risk of harm to a child in his or her care or custody. The court concluded that Father adequately rebutted the presumption of current dangerousness by identifying contrary evidence in the Department's own records. The court reversed and remanded with directions because the juvenile court improperly relied solely on the presumption to sustain the allegations in the dependency petition relating to Father, rather than evaluating the totality of the circumstances of the evidence in the record.
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