In re Shawn M. CA2/7

Filed 9/23/13 In re Shawn M. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re SHAWN M. et al., Persons Coming B245323 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK95071)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

SHAWN M., SR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Margaret Henry, Judge. Affirmed. Jamie A. Moran, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel and Kim Nemoy, Principal Deputy County Counsel, for Plaintiff and Respondent. __________________

Shawn M., Sr. (Father) appeals from the juvenile court‟s jurisdiction findings and disposition order removing his three children, three-year-old Shawn M., two-year-old Michael M. and one-year-old Elizabeth M., and placing them under the supervision of the Los Angeles County Department of Children and Family Services (Department), contending the findings and order are not supported by substantial evidence. He also contends the Department violated his due process right to notice when it amended the 1 section 300 petition at the contested jurisdiction hearing to add an allegation he had physically abused Michael. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. The Dependency Petition On August 17, 2012 the Department filed a section 300 petition on behalf of Shawn, Michael and Elizabeth alleging Father had choked then two-year-old Shawn when Shawn failed to stop crying, causing him to suffer unreasonable pain and suffering; Crystal T., the children‟s mother, failed to protect Shawn from Father‟s abuse; and Father‟s abusive behavior toward Shawn and Crystal‟s fear of Father placed Shawn‟s siblings, Michael and Elizabeth, at substantial risk of suffering physical and emotional harm. (§ 300, subds. (a), (b) & (j).) The court detained the three children and placed them under the supervision of the Department pending further hearing. The court ordered monitored visitation for both parents. 2. The Jurisdiction and Disposition Hearing At the contested jurisdiction hearing on October 4, 2012 the Department filed an amended section 300 petition, adding allegations that Father had a long-standing history of unaddressed mental health problems and his conduct endangered the children‟s physical safety and emotional well-being. The Department also added a new allegation that Father‟s criminal history, including convictions for attempted murder and voluntary manslaughter in 1992, endangered the children‟s safety. At the request of Father and his