In re Juan Z. CA2/4

Filed 10/22/13 In re Juan Z. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re JUAN Z., a Person Coming Under the B244507 Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. CK94058) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

RUTH Z.,

Defendant and Respondent;

JUAN Z.,

Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Philip L. Soto, Judge. Affirmed. Deborah Dentler, under appointment by the Court of Appeal, for Appellant Juan Z. Office of the County Counsel, John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Tracey M. Blount, Deputy County Counsel for Plaintiff and Respondent. No appearance for Defendant and Respondent Ruth Z.

Minor Juan Z. challenges the dependency court‟s disposition order requiring him to remain in foster care, rather than returning him to the home of his mother and baby sister. We find no error under the circumstances and affirm.

FACTUAL AND PROCEDURAL SUMMARY This dependency case involves two children of mother, Ruth Z. Juan Z. was born in June 2004. His younger half-sister, Ariana D., was born in March 2012. In June 2012, a domestic violence incident occurred during which J.D., mother‟s male companion and presumed father of Ariana, hit mother in the face several times with his fist, causing a swollen eye and lacerations. The Department of Children and Family Services (the Department) arranged for mother and both children to be placed at a battered woman‟s shelter. Juan appeared to be traumatized, jumping when someone entered the room where he was interviewed. He said he saw J.D. hit mother. He said J.D. hit him, and showed the worker a bruise on his chest which he said had been inflicted by J.D. The original petition under Welfare and Institutions Code section 3001 was filed on June 21, 2012. The petition alleged that J.D. physically abused Juan and that mother failed to protect Juan from this abuse; during a violent altercation with mother, J.D. knocked over Ariana‟s stroller causing the baby to hit the ground resulting in bruises; mother and J.D. had a history of violent altercations in the presence of the children; J.D.‟s past and current abuse of alcohol rendered him incapable of caring for the children; and mother failed to protect them. It alleged the children came within the jurisdiction of the Department under section 300, subdivisions (a), (b), and (j). At the detention hearing, the court ordered the children to remain with mother. The jurisdiction/disposition report recounted statements by Juan about J.D.‟s physical abuse of him and his mother. He also said there were repeated fights between mother and J.D. Juan stated that J.D. drank a lot and got crazy. Mother denied that J.D.