In re A.G. CA2/8

Filed 10/4/13 In re A.G. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A.G., a Person Coming Under the B246224 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK 93620)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JAVIER G.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Anthony Trendacosta, Juvenile Court Referee. Affirmed. Cameryn Schmidt, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Sarah Vesecky, Deputy County Counsel, for Plaintiff and Respondent. ******

We affirm the trial court‟s jurisdictional and dispositional order taking jurisdiction over seven-year-old A.G. and removing her from father‟s custody. We reject father‟s challenge to the sufficiency of the evidence to support the findings that he sexually and physically abused A.G. because the juvenile court found A.G.‟s testimony describing such abuse credible. FACTS AND PROCEDURE 1. Petition On May 22, 2012, Los Angeles County Department of Children and Family Services (DCFS) filed a petition, which, as later sustained, alleged: (1) “On prior occasions, the [child‟s] father . . . physically abused the child, in that the father struck the child with belts and shoes. Such physical abuse was excessive and caused the child unreasonable pain and suffering. Such physical abuse of the child by the father endangers the child‟s physical health and safety, creates a detrimental home environment and places the child at risk of physical harm, damage, danger, and physical abuse.” (2) “In 2012 and on prior occasions, the [child‟s] father . . . inappropriately touched the child, in that the father fondled the child‟s bare buttocks. Such sexual abuse of the child on the part of the father endangers the child‟s physical health and safety and places the child at risk of physical harm, damage, danger and sexual abuse.” 2. Social Worker Reports A.G., a first grader, reported that father spanked her with a belt and shoe. A.G. asked the social worker to “make” father stop hitting her. A.G. also reported father put his hand in her pants four to five times and rubbed her buttocks under her pants. She later reported that he may have done this seven times. On at least one occasion, A.G.‟s grandparents were in the living room when father rubbed A.G.‟s buttocks. A.G. told police that father caressed her buttocks under her pajamas and underwear. When A.G. asked father to stop, he did. Another time A.G. pulled father‟s hand out of her pants. A.G. reported loving and missing father and she stated that she would like to live with him when she turns eight.