In re Blake D. CA2/3

Filed 8/1/13 In re Blake D. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

In re BLAKE D., a Person Coming Under B242148 the Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. CK87816) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

KENNETH R.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Veronica McBeth, Judge. Affirmed. Michael A. Salazar, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Tracey F. Dodds, Principal Deputy County Counsel, for Plaintiff and Respondent. _________________________

INTRODUCTION Kenneth R. appeals from the order of the juvenile court taking jurisdiction over his son, three-year-old Blake. He contends the record lacks sufficient evidence to support the finding that his conduct justifies declaring Blake a dependent under Welfare and Institutions Code section 300, subdivision (a).1 We conclude the evidence supports the finding under section 300, subdivision (a). Accordingly, we affirm the order. FACTUAL AND PROCEDURAL BACKGROUND On April 28, 2011, Kenneth returned Blake to mother’s house2 with bruises and marks about the child’s head, face, and ears. Photographs of Blake taken before the child’s visit with Kenneth showed no marks or bruises. Receiving no explanation from Kenneth about Blake’s condition, mother took the child to the emergency room and contacted the police. The police observed red marks, bruising, and swelling around Blake’s right eye, the right side of his head and his right ear, along with bruising on the top part of his ear lobe and a speck of dried blood just outside of his ear canal. The maternal grandmother informed the Department of Children and Family Services (the Department) that she answered the door when Kenneth returned Blake. Kenneth handed the child to her and “ ‘immediately bolted to his car and took off.’ ” The social worker saw that Blake had visible scratches on the right side of his face, a slight purplish bruise on the right side of his forehead, a red mark under his right eye, and bruising around his left ear. Otherwise, the child was dressed appropriately, was smiling and happy, and appeared to be well nourished. A nurse practitioner reported the forensic examination revealed that Blake’s injuries were caused by blunt force trauma consistent with being slapped about the face and head. The pattern finger marks were visible but the skeletal survey showed no fractures or other medical concerns.