In re J.B. CA2/5

Filed 7/24/14 In re J.B. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.B., a Person Coming Under the B253792 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK99970)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

J.B.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Timothy R. Saito, Judge. Affirmed. Jesse McGowan, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, Dawyn R. Harrison and Peter Ferrera, Deputy County Counsel for Plaintiff and Respondent.

Introduction and Statement of Appealability

This appeal is brought by Juan B. (“father”) from the order of the juvenile court made on December 10, 2013. The juvenile court proceeding involved two children with the same mother but with different fathers. This appeal by father only concerns the jurisdictional order made by the juvenile court in regard to the child J. B., wherein he was declared a dependent of the court pursuant to section 300, subdivision (b), of the Welfare & Institutions Code.1 The mother Cristina V. (“mother”) did not appeal the jurisdictional order. A cross-appeal was filed by the Department of Children and Family Services (“DCFS”) challenging the juvenile court’s failure to take jurisdiction over J. B. pursuant to section 300, subdivision (a). This appeal is authorized by section 395, subdivision (a)(1), of the code.

Procedural Background In 2007, a family law court awarded Juan B. the sole physical custody of J. B. Mother was granted visitation with J. B. every other weekend. In February of 2012, the family law court modified its visitation order to a joint physical custody order whereby mother and father received physical custody of J. B. on alternating weeks. On June 12, 2013, DCFS filed a “non-detained” section 300 petition on behalf of J. B. and his half-brother E.M. The petition alleged that mother physically abused the children by striking them with her fists. It also alleged that father struck J. B. with his belt, medically neglected him by failing to authorize psychotropic medication, and had a history of alcohol abuse. The jurisdictional hearing took place over a two day period in July of 2013. Mother pleaded no contest and waived her trial rights. Father contested the jurisdictional allegation filed against him. After receiving all of the evidence, the juvenile court