In re M.F. CA2/2

Filed 7/3/14 In re M.F. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re M.F. et al., Persons Coming Under the B250251 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK97049)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

J.F.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Annabelle G. Cortez, Judge. Affirmed.

Liana Serobian, under appointment by the Court of Appeal for Defendant and Appellant.

John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Stephen D. Watson, Deputy County Counsel for Plaintiff and Respondent.

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1

This is an appeal from jurisdictional and dispositional orders entered against Jose F. (Father) pursuant to Welfare and Institutions Code,1 section 300, concerning his three children, M.F., S.F., and A.F. We affirm. FACTUAL AND PROCEDURAL HISTORY On December 21, 2012, the Los Angeles County Department of Children and Family Services (the Department) filed a section 300 petition on behalf of M.F. (age 13), S.F. (age 12), A.F. (age five) and their two half siblings, C.S. (age two) and J.S. (two months). The petition alleged, among other things, that the children were at risk of physical harm because on prior occasions in 2012, their mother Jennifer F. (Mother) used inappropriate physical discipline on the child M.F., including pulling the child’s hair and engaging in physical altercations with the child. Mother and her male companion, Tony S., engaged in physical altercations in front of the children. M.F. engaged in physical sibling rivalry with S.F. and A.F. and Mother should have reasonably known of the physical contact and failed to protect the younger children. Tony S. is the biological father of C.S. and J.S. Neither Tony S. nor Mother are parties to this appeal. The detention report stated a referral from the Child Protective Hotline on November 5, 2012, indicated that the reporting party noticed a “bump and bruise on the right side of M.F.’s eye just above the eye.” M.F. said that Mother came home on November 2, 2012, and started to look for her phone. Mother came to M.F.’s room and saw her on M.F.’s phone. Mother, who thought M.F. was using Mother’s phone, got on M.F.’s back and started hitting her with her hand. M.F. said it had been “hell” since the incident. Mother has been constantly cussing at her, calling her names and putting her down. M.F. stated she was afraid of what Mother was going to do when she found out M.F. reported the incident. Mother admitted wrestling with M.F. to get the phone and pulling her hair. Mother said she had pulled M.F.’s hair a couple of times before but not really hard.