In re Fernando P. CA2/1

Filed 7/24/14 In re Fernando P. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re FERNANDO P. et al., Persons B252666 Coming Under the Juvenile Court Law.

(Los Angeles County LOS ANGELES COUNTY Super. Ct. No. DK00529) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

KAREN P.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Carlos Vasquez, Judge. Reversed. Terence M. Chucas, under appointment by the Court of Appeal, for Defendant and Appellant.

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

_____________________________________

In October 2013, the juvenile court found that Fernando (age 14), Joshua (age 10) and Michael (age 5), are children described in Welfare and Institutions Code section 300, subdivision (b)1 (children who have suffered or are at risk of suffering physical harm due to their parents’ failure to supervise or protect them) and, without adjudicating them dependent children of the court, ordered that services be provided to keep the family together and placed the children and their parents under the supervision of the Department of Children and Family Services (DCFS) for the period of time authorized by law. (§ 360, subd. (b).) Karen P. (Mother) appeals the dispositional order, contending that the children do not fall within section 300, subdivision (b).2 We conclude that the evidence does not support jurisdiction under subdivisions (a), (b) or (j). FACTS AND PROCEEDINGS BELOW The facts that gave rise to this cause are not in dispute. In January 2013, Mother hit Joshua with an open hand on his leg over his clothes. In swinging for his leg, Mother accidently struck Joshua’s nose causing it to bleed. In June 2013, Mother struck Joshua with an open hand on his thigh. There is no evidence that either of those slaps caused bruises, swelling, cuts or any other physical injury to Joshua. DCFS conceded that it found the children to be “healthy and bonded with both parents.” In a petition under section 300, subdivisions (a), (b) and (j), DCFS alleged that the children have suffered or are at risk of suffering serious physical harm or illness “as a result of the failure or inability of [Mother] to supervise or protect the child[ren] adequately[.]” Specifically, the petition alleged: “In June of 2013, [Mother] physically abused the child Joshua by striking the child’s nose and leg with the mother’s hand, inflicting pain to the child’s leg. In January of 2013, the mother struck the child’s leg with the mother’s hand. Such physical abuse was excessive and caused the child unreasonable pain and suffering. Such physical abuse of the child Joshua by the mother