In re Tatyana S. CA2/8

Filed 10/28/13 In re Tatyana S. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TATYANA S., a Person Coming B246604 Under the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. CK94693) FAMILY SERVICES,

Plaintiff and Respondent,

v.

VERNA N.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Sherri Sobel, Referee. Affirmed

Linda Rehm, under appointment by the Court of Appeal, for Appellant Verna N.

Julie E. Braden, under appointment by the Court of Appeal, for Minor Tatyana S.

_____________________________ Verna N. (Mother) challenges the juvenile court‘s finding that her daughter, Tatyana S., is a child described by Welfare and Institutions Code section 300, subdivision

(b).1 Mother asserts there was insufficient evidence to support the juvenile court‘s order sustaining the allegations that Tatyana is at substantial risk of harm due to exposure to Mother‘s violent relationship with her husband and due to the husband‘s alcohol and drug abuse. We find substantial evidence supports the finding that Tatyana is at risk as a result of her exposure to Mother‘s violent relationship. The jurisdictional order is affirmed. FACTS Tatyana was born to Mother and James S. in 2003. Mother has three other children: an adult daughter living with her husband in Arizona and two teenage sons living in Victorville with their father, Steven W. A juvenile dependency petition under sections 300, subdivisions (a) and (b) was filed on July 23, 2012, alleging that eight-year old Tatyana had suffered or there was a substantial risk that she will suffer serious physical harm as a result of the violent altercations between Mother and her husband, Gilbert R. The petition further alleged that Gilbert2 abuses drugs and alcohol, placing Tatyana at substantial risk of harm. The Los Angeles Department of Children and Family Services (Department) received a referral on July 18, 2012, that Gilbert came home intoxicated and became violent. A caseworker interviewed Mother, Tatyana and Gilbert at their home at 10:00 p.m. that night. All three confirmed that Gilbert and Mother had an altercation on July 17, 2012, shortly before they were to attend a Dodgers game. Gilbert, who had been drinking, slapped Mother on her lip in Tatyana‘s presence. Tatyana began to hit him with a shoe because she wanted him to stop. Gilbert and Mother confirmed that they fight often but denied that Tatyana witnessed these fights. Tatyana, however, reported that Mother and Gilbert yell and scream often and say bad words to each other. She does not like when Gilbert drinks because ―he turns into something else, and he is mad.‖ There