In re Michael B. CA2/8

Filed 4/14/14In re Michael B. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Michael B., et al., Persons Coming B250269 Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. CK88044) FAMILY SERVICES,

Plaintiff and Respondent,

v.

Michael B. (Father),

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Jacqueline H. Lewis, Commissioner. Affirmed.

Judy Weissberg-Ortiz, under appointment by the Court of Appeal, for Appellant.

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

__________________________

Michael B. (father) appeals from jurisdiction and disposition orders sustaining a petition under the Welfare & Institutions Code as to father’s three children and placing the children with mother. He contends there is insufficient evidence to support jurisdiction and, since the jurisdictional findings must be reversed, the dispositional orders are moot. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Deshay W. is the mother of three children by father – Michael B. (born in 2007), M.B. (born in 2010) and M.B.1 (born in 2013).1 The children first came to the attention of the Department of Family and Children Services in May 2011 as the result of a domestic violence referral. Only the three oldest children were involved as M.B.1 had not yet been born. On July 21, 2011, the juvenile court sustained a petition under section 300 as to all three children based on physical abuse of Michael by both parents, the parents’ domestic violence in front of the children, and father’s history of substance abuse. Both parents had arrest records and father had been convicted of robbery, sales of narcotics, possession of cocaine, PCP and marijuana, domestic violence and other offenses. Mother was provided with family maintenance services, and father was ordered, among other things, to participate in domestic violence and other forms of counseling, and drug testing. Father did not contact the department for the referrals, and mother stated she was not in a current relationship with father. On August 1, 2012, the juvenile court terminated dependency jurisdiction with a family law order granting mother sole physical and legal custody over the children. (See §§ 362.4, 364, subd. (c); In re T.H. (2010) 190 Cal.App.4th 1119, 1122-1123; In re Kenneth S., Jr. (2008) 169 Cal.App.4th 1353, 1358.)