In re E.C. CA2/1

Filed 7/24/14 In re E.C. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 E.C. et al., Persons Coming Under the B249085 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK97191)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent,

v.

L.C., et al., Defendants and Appellants.

APPEAL from orders of the Superior Court of Los Angeles County. Rudolph Diaz, Judge. Reversed. Julie E. Braden, under appointment by the Court of Appeal, for Defendant and Appellant L.C. Mitchell Keiter, under appointment by the Court of Appeal, for Defendant and Appellant Victor F. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Jeanette Cauble, Deputy County Counsel, for Plaintiff and Respondent. _______________________________

The juvenile court sustained a petition in which the Los Angeles County Department of Children and Family Services (DCFS or the department) alleged six-year- old Jessica F. was put at risk of physical harm by use of inappropriate physical discipline by her father’s girlfriend, L.C. Specifically, L.C. pinched Jessica’s nose, causing it to bleed, and slapped the back of her hands, causing her to cry. The juvenile court detained the minor from father and placed her in foster care pursuant to Welfare and Institutions 1 Code sections 300, subdivisions (a) and (b), and 361.2, subdivision (a). (On appeal, DCFS abandons its subdivision (a) allegation.) Father challenges the jurisdictional and dispositional findings, arguing insufficient evidence supports the court’s findings. We agree and accordingly reverse. FACTS AND PROCEEDINGS BELOW The family in this case consists of father, L.C., Jessica, L.C.’s five-year-old son and father’s and L.C.’s infant son. When Jessica’s mother was deported to El Salvador she first moved in with paternal relatives, then with father and L.C. Jessica did not like L.C. and did not want to live with her. She refused to follow L.C.’s instructions, refused to do her schoolwork, and cried and lied when she did not get her way. She was also susceptible to nosebleeds, frequently getting them, according to a foster parent, when she played outdoors during hot weather. In October 2012, eight months after Jessica moved in with father and L.C., DCFS received an anonymous referral indicating an anonymous family member had reported that L.C. hit Jessica often, slapped her face, would force her to bend over and then stack luggage on her back, and two weeks earlier grabbed her nose and pulled it with so much force that she broke a nail. The reporting party stated the family member had stated L.C. would pinch Jessica on the chest, leaving a purple mark. DCFS investigated.