In re D.M. CA2/3

Filed 2/24/14 In re D.M. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re D.M., Jr. et al., Persons Coming Under B248514 the Juvenile Court Law. _____________________________________ (Los Angeles County LOS ANGELES COUNTY DEPARTMENT Super. Ct. No. CK96961) OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

E.S.,

Defendant and Appellant.

APPEAL from a judgment and orders of the Superior Court of Los Angeles County, Rudolph Diaz, Judge. Affirmed. Kate M. Chandler, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the County Counsel, John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, John C. Savittieri, Deputy County Counsel, for Plaintiff and Respondent. _________________________

E.S. (mother) appeals from the dependency court’s judgment of February 21, 2013, declaring D.M., Jr., (D.) and K.M. (K.) (together, the children) dependents of the court under Welfare and Institutions Code section 360.1 She contends substantial evidence does not support the sustained allegations her male companion’s domestic violence created a risk of harm to the children or the order removing the children from her custody. We affirm. STATEMENT OF FACTS AND PROCEDURE D. was born in 2007 and K. was born in 2011 to mother and D.M., Sr. (father),2 who lived together. When parents separated in May 2012, the children lived with mother. Mother had a history of falling out with people and being unable to manage her anger. On September 20, 2012, mother accused her male boyfriend, Anthony W., of infidelity. They argued, and Anthony became so upset by the things mother said to him that he punched her numerous times in the face, neck, and head with his closed fist. The children were not present. Mother suffered injuries and was treated at the hospital. She stated Anthony must have hit her “at least 100 times.” She stated that, on a previous occasion, Anthony had “ ‘grabbed [her] around the neck,’ ” but she denied a history of domestic violence, and she characterized the punching incident as “ ‘playing.’ ” She said Anthony had never abused her before. Anthony owned a gun. D. had seen Anthony fighting with mother. On September 22, 2012, mother was involved in a verbal altercation with her landlord in her children’s presence. Mother was hysterical. After the police responded to the home three times, mother was arrested on an outstanding warrant for failing to complete a mandated anger management program. The police released the children to father.