In re Michael C. CA2/2

Filed 11/24/14 In re Michael C. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Michael C. et al., Persons Coming B255782 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK02202)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ALI C.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Valerie Skeba, Juvenile Court Referee. Affirmed. Lauren Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. Richard D. Weiss, Acting County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Navid Nakhjavani, Deputy County Counsel, for Plaintiff and Respondent.

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Ali C. (Father) challenges the juvenile court’s jurisdictional and dispositional orders removing his two children from his sole custody. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Father has two children with A.C. (Mother)--Michael (born 2001) and Alicia (born 2006). Mother has been diagnosed with bipolar disorder and schizophrenia. The children lived with Father. Late one night, Father decided to clean his loaded shotgun after having somewhere between 12 and 72 ounces (the equivalent of one to six 12-ounce bottles) of beer. The gun went off, and blew a hole in the wall of his apartment just 20 feet from where the kids were sleeping. Father left the apartment, and drove to his mother’s house to hide the shotgun. Father pled no contest to a felony count of discharging a firearm with gross negligence (in violation of Pen. Code, § 246.3, subd. (a)), and was sentenced to three years of probation, including one year of jail. The Los Angeles County Department of Children and Family Services (Department) filed a petition to remove the children from Father’s custody. The petition alleged two grounds upon which the children were placed at risk of harm: (1) Father’s discharge of the firearm in close proximity to the children; and (2) Father’s alcohol abuse. At the jurisdictional hearing, the court considered evidence that Father had been convicted of driving under the influence of alcohol in 2011 ; that he drank alcohol when the children were present, and had been drinking the night of the shotgun incident ; and that Michael and Mother were both aware of Father’s drinking, including that he drank to “calm down.” The trial court determined it had jurisdiction and sustained both allegations in the Department’s petition. The court expressed concern with Father’s ever-changing account as to what happened the night of the shooting: Father first denied being there when the shotgun went off, but later admitted he had been the one holding the shotgun after consuming various quantities of beer (40 ounces, then 72 ounces, then “one,” “two or three” beers). The court went on to conclude that Father exhibited poor judgment by cleaning a loaded shotgun while drinking and thereafter attempted to hide the shotgun by