In re Guillermo D. CA2/5

Filed 5/13/14 In re Guillermo D. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 GUILLERMO D., et al., Persons B252605 Coming Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK95523)

Y.N.,

Appellant,

v.

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Carlos E. Vasquez, Judge. Affirmed. Linda Rehm, under appointment by the Court of Appeal, for Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel and Kristine P. Miles, Deputy County Counsel for Respondent.

In this dependency proceeding, the juvenile court ordered that the visits between Y.N. (mother) and her three small children be monitored. Mother appeals the order as an abuse of discretion. We see no error, and so affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND This family came to the attention of the Department of Children and Family Services (DCFS) in September 2012 after mother took nine-month old Angie P. to the emergency room for treatment when she noticed a bump on the side of the child’s head. Angie had sustained a skull fracture and a possible broken rib. Mother claimed the child fell from the bed a month earlier, but gave inconsistent accounts of the incident. Angie’s attending physician stated that mother’s explanation of how Angie sustained her injuries was not consistent with the child’s injuries. DCFS took Angie and her siblings, Guillermo D. (born 2007) and Daniela D. (born 2009) into protective custody, and filed a Welfare and Institutions Code1 section 300 petition under subdivisions (a), (b), (e), and (j). The petition alleged, among other things, that Angie had suffered a left parietal skull fracture, intracranial bleeding to the brain, and a fracture of her left anterior 7th rib; mother’s explanation was inconsistent with the child’s injuries; the injuries were consistent with non-accidental trauma; such injuries would ordinarily not occur except as the result of deliberate, unreasonable, or neglectful acts by the child’s mother; mother failed to obtain timely necessary medical treatment for Angie; and the foregoing acts placed the children at risk of harm. At the detention hearing on September 18, 2012, the court found a prima facie case for detaining the children. The court ordered monitored visits for mother no less than four hours per week. The court also ordered monitored visits for Angie’s father, Angel P. The children were placed in the foster home of Consuelo H. In the report prepared for the jurisdiction/disposition hearing, DCFS recommended that the children remain in suitable placement; it reasoned that it would be detrimental for