In re Adam M. CA2/8

Filed 2/23/15 In re Adam M. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re ADAM M., a Person Coming Under the Juvenile Court Law. B257444

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. DK04877) FAMILY SERVICES,

Plaintiff and Respondent,

v.

MARIO M.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Marilyn Martinez, Commissioner. Affirmed.

William Hook, under appointment by the Court of Appeal, for Defendant and Appellant.

Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, Navid Nakhjavani, Deputy County Counsel, for Respondent.

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Mario M. (father) challenges the juvenile court’s jurisdictional order finding his son Adam M. to be a person described by Welfare and Institutions Code section 300.1 Father contends there was insufficient evidence that Adam M. was at substantial risk of harm at the time of the jurisdiction hearing. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND Daisy M. (mother) and father met around 2011. Adam M. was born in 2012. The parents never lived together or married.2 In December 2013, while mother and Adam were at father’s apartment, the parents got into an argument. Father pushed mother, slapped her, then grabbed a knife and held it to mother’s neck, causing a thin, two-inch laceration. In late April 2014, father arrived at mother’s home to retrieve some of his belongings. When mother tried to pass father’s iPod to him through a partially- opened door, father forced his way into the home. He tried to grab mother’s cell phone. When mother resisted, father bit mother’s hand until it bled. As they struggled, mother tripped and fell to the floor; father put his foot on mother’s left cheek. Adam was in the room. As father used his shod foot to push mother’s head to the floor, Adam began to cry. Father took mother’s phone and fled. Police arrested father. In early May 2014, mother secured a temporary restraining order against him. In connection with the restraining order, mother received temporary sole legal and physical custody of Adam. The court ordered that father have no visitation. In an interview for the jurisdiction and disposition report, father reported he was in custody for “strong arm robbery” arising out of the April incident with mother. He indicated he would enter a plea in exchange for a nine-year prison term. He also admitted to ongoing methamphetamine use. However, he denied the April incident in its