In re J.T. CA2/8

Filed 4/3/14 In re J.T. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re J.T., a Person Coming Under the B251042 Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. CK97934) FAMILY SERVICES,

Plaintiff and Respondent,

v.

E. T.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Akemi Arakaki, Judge. Affirmed.

Terence M. Chucas, under appointment by the Court of Appeal, for Defendant and Appellant.

John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Kimberly Roura, Deputy County Counsel, for Plaintiff and Respondent. ______________________________

E. T. (father) appeals from juvenile court orders asserting dependency jurisdiction over his infant son, J.T., and removing J.T. from father’s custody. Father contends the jurisdictional order was not supported by substantial evidence. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In March 2013, the juvenile court sustained a dependency petition regarding the two children of father and mother, Isabel D.J. The court sustained allegations that the two children, Jesus and Victoria, were at substantial risk of harm due to the parents’ verbal altercations and father’s alcohol abuse. Reports from the Los Angeles County Department of Children and Family Services (DCFS) indicated that in January 2013, then six-year-old Jesus told an anonymous reporting party that when father got mad, he hit mother in the stomach. Mother was pregnant with J.T. at the time. Mother and father denied that father hit anyone in the house, but mother admitted father often came home angry and yelled. Mother recalled an incident in which father tried to hit Jesus, but mother put herself in between them and threatened to call the police. Mother reported father drank to excess often, and his drinking was a problem. Father denied coming home from work angry and denied being an alcoholic. When interviewed by a social worker, Jesus denied that father hit him, but made comments such as: “I don’t know how he’s hit me because he doesn’t hit me anymore.” School personnel reported Jesus was having significant difficulties in school. In his first year of school he made himself vomit almost every morning. He had repeated kindergarten in the 2012-2013 academic year, but was still at a pre-school level. He also routinely had accidents at school and “leaked” in his pants. Mother and father attributed the accidents to nervousness. They refused to sign a medical release to allow school personnel to speak with his doctor. In February 2013, mother reported father had kicked her out of their home. He had grown angry after she spent all day with her mother. Mother indicated father drank every day until he was drunk and was aggressive when intoxicated. When he came home from work he yelled at her and the children. Since father drank every day, she was afraid for him to have unmonitored contact with the children. She said father could not control