In re D.I. CA2/5

Filed 5/23/14 In re D.I. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.I., et al., Persons Coming Under the B251103 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK97536)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

N.I.,

Defendant and Appellant.

APPEAL from the orders of the Superior Court of Los Angeles County, Annabelle G. Cortez, Judge. Affirmed. Christopher R. Booth, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Jeanette Cauble, Senior Deputy County Counsel, for Plaintiff and Respondent. _________________________

N.I. (mother) appeals from the dependency court’s (court) June 26, 2013 orders sustaining allegations under Welfare and Institutions Code section 300, subdivisions ( a), (b), and (j),1as to her three minor children, S.N., H.N., and D.I. (collectively, the children), removing the children from her physical custody under section 361, subdivision (c)(1), and ordering monitored visits. We affirm the court’s jurisdictional findings and orders removing the children from mother’s custody. Mother’s appeal of the visitation orders is moot, as the children have been returned to the custody of mother.

STATEMENT OF FACTS AND PROCEDURE

On January 30, 2013, the Department of Children and Family Services (Department) detained the children from parental custody and filed a petition alleging jurisdiction under section 300, subdivisions (a), (b), and (j), as to S.N. and H.N., and under section 300, subdivisions (a) and (b), as to D.I. The petition was based on multiple factual allegations, including (1) violent altercations between mother and Christopher N., father to S.N. and H.N.; (2) Christopher’s threats to kill mother and break the children’s necks; (3) Christopher’s physical abuse of D.I.; (4) Christopher’s mental and emotional problems including suicidal and homicidal ideation; and (5) mother’s abuse of illicit drugs. At the detention hearing on January 30, 2013, the court found that a prima facie case had been established that S.N. and H.N. were persons described under section 300, subdivisions (a), (b), and (j), and D.I. was a person described under section 300, subdivisions (a) and (b). The court further found reasonable efforts had been made to eliminate the need for the children’s removal from the home, but that substantial danger existed to their physical and mental health if they remained in the home, and there was no