Parents Liability for Children's Inappropriate Sexual Conduct In California
In In re R.M. (Jul. 13, 2009, B210077) Cal.App.4th, a 13-year-old boy watched adult films on his parents' computers, dressed in women's clothing, and spied on his 10-year-old sister in the shower; the children also rubbed their hands on each other's private parts.
The Court reversed a jurisdictional finding as to the mother under section 300, subdivision (b) because the evidence was insufficient to establish that the mother inadequately supervised her children or that the parents' "'divergent approach to parenting'" caused the children's behavior.
The Court held that nothing in the record supported the conclusion that the mother earlier should have been aware of her children's inappropriate sexual conduct or that she had a physical and emotional problem that rendered her unable to provide adequate care and supervision of her children. (Ibid.)