Los Angeles County Department of Children & Family Services v. Josue E.

Filed 7/9/14 In re A. E. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A. E., a Person Coming Under the Juvenile Court Law. B252573

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. DK00333) FAMILY SERVICES,

Plaintiff and Respondent,

v.

JOSUE E.,

Defendant and Appellant.

APPEAL from an order of the Los Angeles County Superior Court. Stephen Marpet, Commissioner. Affirmed in part, reversed in part.

Marsha F. Levine, under appointment by the Court of Appeal, for Appellant.

Office of the County Counsel, John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Tracey F. Dodds, Deputy County Counsel, for Respondent. ______________________________________

Josue E. (Father) appeals the juvenile court’s order removing his three-year-old daughter, A. E., from his custody for a single occasion of disciplining A. E. by spanking her with a belt on her legs and buttocks. Father is remorseful and is committed to learning better child-rearing techniques. There is no prior history with the Los Angeles County Department of Children and Family Services (DCFS), no domestic violence, no criminal record, no substance abuse, and no medical or mental illness in the family. Father contends there is insufficient evidence to support the juvenile court’s decision to keep him from the family home. We agree. Further, Karem E. (Mother) has voiced her disapproval of Father’s conduct and affirmed she would not allow him to hit A. with a belt. Accordingly, we reverse the challenged order to the extent it requires Father to remain outside of the family home. FACTS Father and Mother had A. in 2011, when they were 18- and 20-years old, respectively. They had been married since 2009 and recently moved to Los Angeles from Texas. On August 3, 2013, a neighbor reported hearing a child being hit or spanked. When Los Angeles County Sheriff’s deputies investigated, they observed two five to six inch long red welts on the back of A.’s right leg and several more red welts on her buttock. Father admitted he struck A. with his belt because she was misbehaving. Mother denied knowing anything about the welts, but stated she noticed Father spank A. on the buttock once with his bare hand that day. Mother considered spanking to be an appropriate form of discipline. Father was arrested for child abuse and held in custody. A. stayed home with Mother. In a statement to the police after his Miranda1 advisement, Father wrote, “My child was misbehaving[;] it was the fourth time in less than an hour. She kicked me, tried to hit me with the belt and I, as a father, had to discipline her after talking to her making her understand that such actions are not going to be tolerated, I disciplined my daughter not for sport or fun but so that one day just as I thank my parents for their care for me,