In re A.A. CA2/5

Filed 1/29/14 In re A.A. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.A., a Person Coming Under the B248695 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK98208)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ROBERTO A.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Marilyn Martinez, Temporary Judge. (Pursuant to Cal. Const., art. VI, §21.) Affirmed. Aida Aslanian, 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, Deputy County Counsel for Plaintiff and Respondent.

Appellant Roberto A. (“father”) is the father of the male infant, A.A. After federal authorities found child pornography on father’s computer, mother voluntarily submitted to the jurisdiction of the court. Father did not and appeals the court’s jurisdictional findings made pursuant to Welfare and Institutions1 Code section 300, subdivision (d). He contends there is insufficient evidence to support a finding that his son was at substantial risk of being sexually abused, as required by subdivision (d). We sustain the court’s findings and orders.

FACTS On March 6, 2013, federal authorities executed a search warrant at a duplex in Los Angeles because child pornography was being downloaded and viewed via the Internet at that location. Special Agent Neal Jetton contacted the Los Angeles County Department of Children and Family Services (“DCFS”) to request a child welfare check of two-month old A.A., who lived at that location with his parents. When DCFS social worker Raul Perez (“CSW Perez”) arrived at the home, he learned that father had admitted downloading child pornography. Agent Jetton described the pornography as depicting minor females from six to fifteen years old engaged in sexual activity. Father usually viewed pre-teen girls. Agent Jetton also told CSW Perez that someone at the IP address was “actively sharing” child pornography. CSW Perez interviewed father, who acknowledged watching child pornography, but initially claimed it was by “mistake” and only took place a few times. When CSW Perez informed him that his IP address had been monitored, father admitted that he started watching about a year ago, and then watched more because he was “curious.” Father also admitted that he knew that child pornography was illegal. Dependency Investigator Veronica Reyes interviewed father on March 13, 2013. Father admitted viewing and downloading child pornography for about a year. He was