In re J.M. CA2/5

Filed 11/26/13 In re J.M. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.M., a Person Coming Under the B248751 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK96127)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

C.M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Timothy R. Saito, Judge. Affirmed. Law Office of John M. Kennedy, John M. Kennedy, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Melinda A. Green, Senior Associate County Counsel, for Plaintiff and Respondent.

INTRODUCTION B.A. (mother) is the mother of three-year-old J.M. and one-year-old J.A. C.M. (father) is the tentative presumed father of J.M., and Jeremie A. is the father of J.A. The juvenile court sustained certain counts in an amended Welfare and Institutions Code section 300 (section 300) petition as to J.M. and J.A. based on alleged misconduct by mother, father, and Jeremie A., and declared J.M. and J.A. to be dependents of the juvenile court. Father contends that insufficient evidence supports the juvenile court’s jurisdictional finding that J.M. was at risk of physical harm and danger because father and mother had an “unresolved history of domestic abuse and engaging in violent altercations.” Because father does not contest all of the grounds on which the juvenile court found jurisdiction over J.M., we affirm.

THE SUSTAINED AMENDED PETITION1 The Los Angeles County Department of Children and Family Services filed an amended section 300 petition alleging that J.M. came within the jurisdiction of the juvenile court under subdivisions (a) [serious physical harm], (b) [failure to protect], and (j) [abuse of sibling]. At the adjudication hearing, the juvenile court sustained the following counts: a-1 and b-1: “On 10/20/2012, the children [J.M.] and [J.A.]’s mother, [B.A.], and the mother’s male companion, Jeremy [sic] [A.], father of the child [J.A.], engaged in a violent altercation in which the [A.] father physically assaulted the mother in the children’s presence. The [A.] father brandished a knife at the mother and threatened the mother with the knife. On 10/18/2012, the [A.] father grabbed the mother by the neck and choked the mother. Such violent conduct on the part of the [A.] father against the