In re A.N. CA2/5

Filed 11/14/13 In re A.N. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re A.N., a Person Coming Under the B248164 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK95582)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

A.B.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Donna Levin, Juvenile Court Referee. Affirmed. Grace Clark, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and William D. Thetford, Principal Deputy County Counsel, for Plaintiff and Respondent.

_______________________

A.B. (father) appeals from a March 14, 2013 order declaring his son, A.N., a dependent of the court under Welfare and Institutions Code section 300, subdivisions (a) and (b).1 Father contends the court violated his due process rights by questioning I.H. (mother) directly. Father forfeited his ability to raise the issue on appeal because he did not object at the jurisdictional hearing. Had father objected, the court’s actions still did not violate his due process rights. We affirm the court’s jurisdictional findings and dispositional orders.

STATEMENT OF FACTS AND PROCEDURE

On September 19, 2012, the Los Angeles County Department of Children and Family Services (Department) filed a dependency petition alleging that two-year-old A.N. was a minor described by section 300, subdivisions (a) and (b). The petition alleged domestic violence places the child at risk of harm (§ 300, subd. (a)), and parents have failed to protect the child from such harm (§ 300, subd. (b)). A.N. was born prematurely during mother’s 26th week of pregnancy. He was discharged from the hospital eight months after birth with a tracheotomy, connected to a ventilator machine, and with a feeding tube. By the time he was two years old, he still mostly ate through his feeding tube, but could ingest small amounts of pureed food and water by mouth. On September 30, 2011, the police were called to the family home for domestic violence. When the police arrived, mother was breathing hard, had a high pulse, and redness on her left forearm. She said father had slapped and punched her. A nurse who helped care for A.N. reported she was outside the front door and heard mother and father and sounds of a “possible struggle.” The nurse observed mother crying and saw redness on her forearm and the left side of her face. Father reported he had been caring for A.N.