In re K.D. CA1/2

Filed 7/16/14 In re K.D. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

In re K.D. et al., Persons Coming Under the Juvenile Court Law.

SAN MATEO COUNTY CHILDREN AND FAMILY SERVICES AGENCY, Plaintiff and Respondent, A138122 v. (San Mateo County D.W. et al., Super. Ct. No. 72958, 82276, 82277) Defendants and Appellants.

The mother of three minors (two girls and one boy ages 1, 3, and 11 at the time this proceeding was commenced), and the presumed father of two of the minors, appeal from the dispositional order of the juvenile court declaring the minors to be dependant children and placing them with a foster parent approved by respondent San Mateo County Children and Family Services Agency (Agency). The court sustained the following allegations of the amended petition filed by the Agency on December 14, 2012: “The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness . . . . [¶] as a result of the failure or inability of his or her parent . . . to supervise or protect the child adequately. . . . [¶] On November 6, 2012, while the Agency was investigating an unexplained injury to [the younger daughter, she]

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stated that the father . . . pulls her arm and she is being ‘whooped’ with a belt on the buttocks by her parents. [The daughter] further reported that the father hits [the daughter’s brother], age twenty-three months, with a green plastic bat, and that the mother ‘whoops’ their half-sibling . . . . On November 12, 2012, the Agency filed WIC 300 (b) petitions regarding the children, and at the initial Hearing on November 14, 2012, the court ordered the parents to cooperate with unannounced visits to the family’s home and the children’s schools. However, since that time, the Agency has made numerous efforts to visit the family and verify the children’s safety, and the parents have remained uncooperative. On December 6, 2012, the Agency learned that the family has moved out of their residence; the parents have refused to provide the Agency with their current address. Further, although the court issued Protective Custody Warrants regarding all three children on December 11, 2012, . . . [two of the minors] were taken into protective custody on December 12, 2012 [and] the parents have refused to discuss the whereabouts of [the third child]. The parents’ history of violent and abusive behavior, ongoing uncooperativeness with the Agency, and disregard for the court’s orders place [the children] at risk of harm in the care of the parents. “The family has an extensive history of involvement with Child Protective Services and the Juvenile Court in San Mateo and San Francisco Counties, in that: “On or about June 7, 2004, the mother hit [the older daughter] . . . with a belt, resulting in deep bruises to the child’s buttocks, lower back, and both legs. A WIC 300 (a) petition was filed, and on September 15, 2004, the petition was sustained and [the child] was declared a Dependent of the San Mateo County Juvenile Court in out-of-home placement. Family Reunification services were provided to the mother and [the daughter’s] father [not the appellant here], and on March 15, 2005, [the daughter] was returned to the mother’s care. Family Maintenance services were provided until September, 15, 2005, when [the daughter’s] Dependency status was terminated. “On or about November 20, 2008, [the older daughter] . . . was removed from the mother’s care and detained in the protective custody by San Francisco County Children & Family Services, following [the daughter’s] disclosure that her mother routinely