In re Evan G. CA2/3

Filed 5/15/14 In re Evan G. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EVAN G., a Person Coming Under B251442 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK98499)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

HECTOR M.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Rudolph A. Diaz, Judge. Affirmed.

Robert McLaughlin, under appointment by the Court of Appeal, for Defendant and Appellant.

John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Navid Nakhjavani, Deputy County Counsel, for Plaintiff and Respondent.

INTRODUCTION Presumed father Hector M. appeals from the juvenile court’s orders sustaining jurisdiction over his child, Evan G., under Welfare and Institutions Code section 300, subdivisions (b) and (d),1 and removing Evan from his custody. We reject his contention that there is insufficient evidence to support the orders and affirm the juvenile court’s orders. FACTUAL AND PROCEDURAL BACKGROUND On March 27, 2013, the Department of Children and Family Services (DCFS or the Department) filed a juvenile dependency petition under section 300, subdivisions (b) and (d), with regard to Evan, who was then almost two years old. The petition alleged, as to both subdivisions, that father sexually abused Evan “by inflicting redness to the child’s anus and placing fluid on the child’s anus. Such sexual abuse of the child by the father endangers the child’s physical health and safety and places the child at risk of physical harm, damage, danger and sexual abuse.” According to the detention report and jurisdiction/disposition report, father did not live with Evan’s mother, but he spent significant time at the home. On March 8, 2013, father was bathing Evan, something father usually didn’t do, and he locked the bathroom door. Mother had been sexually abused as a child, and she had discussed her past with father: “ ‘[S]o he knows how I am about closed doors or locked doors when my children are behind the doors. He knows this and it raised a red flag for me that day.’ ” Mother knocked on the door. She heard the shower being turned off and the toilet flush. It took father two to three minutes to open the door. He told mother that he’d locked the door because he needed to use the toilet, and he turned off the shower before flushing the toilet so the sudden rush of cold water would not startle Evan. Mother believed this was a lie because father knew that this did not happen in her home.