In re Mariana G. CA2/2

Filed 9/5/14 In re Mariana G. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re MARIANA G., a Person Coming B253546 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK44843)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

OSCAR G.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Robert Draper, Judge. Affirmed. Nancy O. Flores, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, Dawyn R. Harrison, Assistant County Counsel, Tyson B. Nelson, Deputy County Counsel, for Plaintiff and Respondent. ___________________________________________________

Oscar G. (Father) appeals from the dependency court’s order finding jurisdiction over his two children. We find that the order was supported by substantial evidence, as Father and Maria G. (Mother) engaged in acts of domestic violence in the presence of their children. FACTUAL AND PROCEDURAL BACKGROUND This matter came to the attention of the Department of Children and Family Services (DCFS) on May 11, 2013. On that date, DCFS received a referral that Mariana G. (then age 10) and Luis. G. (then age 8) were left alone in their home without adult supervision until Mother returned home from work in the late evening. A social worker interviewed Mother, who denied having a criminal record, but reported that Father’s girlfriend obtained a restraining order against her following a physical altercation in August 2012. Mother explained the incident to the social worker, saying that she had keys to Father’s residence because they had recently lived together. She entered Father’s apartment to pick up the children for a visit and found Luis sleeping in the same bed as Father and his girlfriend, who was naked. Mother pulled Father’s girlfriend’s hair until Father stopped her. The children were both in the room during the incident. Mother further reported that when she lived with Father, she was pushed, yelled at, and insulted by Father in front of the children. According to Mother, in December 2011, Father pushed her and threw a bottle at her head. In addition, in November 2012, Father entered her home, tried to grab her breasts, and ripped her shirt and bra. She shoved Father away, but he pushed her onto the bed. She tried to kick him, and he grabbed her leg and twisted it, causing her a great deal of pain. The children witnessed the incident and tried to stop it. Mother went to the hospital for treatment and filed a report with the police. She also filed for a restraining order against Father, which was granted; the order allowed for peaceful contact to facilitate visitation with the children. Mother became upset when asked about leaving the children alone, saying that she had to work and that Father did not provide financial support. She claimed that a