In re Orlando L. CA2/7

Filed 3/12/14 In re Orlando L. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re ORLANDO L., a Person Coming B249289 Under the Juvenile Court Law. (Los Angeles County Super Ct. No. CK92639) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

RITA L.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Marilyn K. Martinez, Judge. Affirmed. Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and Appellant. John Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Stephen D. Watson, Deputy County Counsel for Plaintiff and Respondent.

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Rita L. appeals from the juvenile court’s order denying her petition under Welfare and Institutions Code1 section 388 for reinstatement of reunification services with her son Orlando L. She further claims that the failure to grant her request for a hearing under section 388 necessitates reversal of the court’s subsequent termination of her parental rights. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On March 15, 2012, two-month-old Orlando L. was dropped off at a hospital by Marcus P., a nonrelative who reported that Orlando L.’s mother Rita L. was a drug user and a prostitute who had abandoned the child. Orlando L. had multiple bruises that covered large portions of his body and that did not appear accidental. He appeared well-nourished and to have appropriate development and responses to stimuli. Marcus P. told the Department of Children and Family Services (DCFS) that Rita L. had been his roommate but was not at his home currently. He said that Rita L. would leave for weeks at a time and that he could not take care of Orlando L. When asked about Orlando L.’s injuries, Marcus P. claimed that on March 12, 2012, Rita L. had come to the home and hit Orlando L. with her hand, upsetting Marcus P. and prompting him to order her to leave. DCFS immediately “had concerns with regard to his statements and the freshness of the bruises on the child. It appears that his story and the child’s injuries were inconsistent.” DCFS filed a petition alleging that Orlando L. came within the jurisdiction of the juvenile court under section 300, subdivisions (a) and (b). Specifically, under section 300, subdivision (a) and (b), DCFS detailed Orlando L.’s injuries; alleged that Rita L. had caused these injuries by “deliberate unreasonable and neglectful acts”; and alleged that Rita L. had physically abused Orlando L. by hitting him with her hands. Also under section 300, subdivision (b), DCFS alleged that Rita L. had placed Orlando L. in a detrimental and endangering situation by leaving him with Marcus P. for more than one