In re D.C. CA2/8

Filed 10/3/13 In re D.C. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re D. C., et al., Persons Coming Under the Juvenile Court Law. B246044

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. CK94306) FAMILY SERVICES,

Plaintiff and Respondent,

v.

SALVADOR C.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Marilyn Mordetzky, Referee. Affirmed.

Joseph T. Tavano, under appointment by the Court of Appeal, for Appellant Salvador C.

John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Melinda A. Green, Senior Associate County Counsel, Attorneys for Respondent. _____________________________

Salvador C. appeals from the juvenile court’s jurisdictional order declaring his minor sons, D. and Mitchell, dependents of the juvenile court pursuant to Welfare and Institutions Code section 300, subdivision (d).1 He also appeals from the juvenile court’s dispositional order removing both boys from his custody pursuant to section 361, subdivision (c)(1). We affirm the orders. FACTS Salvador (father) is the father of D., born in 2001, and Mitchell, born in 2005. In July 2012, father shared a house with his children, his wife, Janet, his sister-in-law, Martha, her husband, and their two daughters, Brittany, age 9, and B.J., age 6. In August 2012, the Los Angeles County Department of Children and Family Services (DCFS) received a report of sexual abuse. On July 18, 2012, Janet, D., and Mitchell had returned home from church and were eating a meal in the kitchen. After finishing her meal, Janet went into her bedroom to get a pair of shoes. The bedroom did not have a door, only a curtain in the doorway. When she entered the bedroom, she saw father with his shirt rolled up and B.J. facing father with her back to Janet. Father looked startled and quickly pulled his shirt down in front of his crotch area. Although his shorts were not pulled down, he appeared to be covering his penis with his shirt. B.J. then ran out of the room. Janet asked him what he was doing. He did not reply and exited the house. She followed him outside and continued to inquire what he had been doing with B.J. She told him that he should leave if he was in trouble. Father then left in his car. Janet told B.J.’s parents about the sexual abuse incident and they called the police. B.J. told police father had put his penis into her mouth during the incident. She also said he had touched her vagina over her clothing and put all of his fingers inside her vagina and had been doing this almost every day since she was five years old. Father would do this to her in his bedroom, his sons’ room, and outside. This often occurred while others were around the house. She said she had never told anyone because she was scared to tell and father had told her not to tell anyone. She said she finally told someone “because he