In re Quinn v. CA2/3

Filed 4/3/15 In re Quinn V. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re QUINN V., a Person Coming Under B256886 the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK02283) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

RAFAEL C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Julie Blackshaw, Judge. Affirmed.

Megan Turkat Schirn, under appointment by the Court of Appeal, for Defendant and Appellant.

Mark J. Saladino, Dawyn R. Harrison, Tracey Dodds, Office of County Counsel for Plaintiff and Respondent. _____________________

INTRODUCTION Father Rafael C. appeals from the juvenile court’s dispositional order requiring Father to participate in a 52-week domestic violence program, arguing that the order is not supported by substantial evidence. We affirm because there was substantial evidence of Father’s history of domestic violence and controlling behavior toward Mother, and the court has broad discretion to fashion a dispositional order that would best serve and protect the child from this violent behavior. FACTS AND PROCEDURAL BACKGROUND At five months into her pregnancy and while incarcerated, Mother discovered that she was pregnant with Quinn V. Mother was cohabitating and in a relationship with Father at this time. Following her release from custody, she informed Father of her pregnancy, and Father forced her to move out two days later. Quinn, who was born with positive toxicology results for opiates, became a juvenile dependent shortly after her birth when the court sustained multiple counts of abuse and neglect based on both parents’ substance abuse and Father’s history of domestic violence toward Mother. With regard to domestic violence, Mother told Department of Children and Family Services (DCFS) that Father had engaged in violent behavior many times during their relationship. In July 2012, about two months after Mother and Father moved in together, police investigated a call regarding domestic violence at their residence. Mother told the police that Father had accused her of stealing his checkbook, became angry, grabbed her by both of her arms, and threw her across the bed. Although she sustained no visible injuries, Mother reported that Father hurt her arm. Another time in 2012, Father became angry because he could not “ ‘score’ ” drugs and began yelling at Mother to pick up dog feces outside in the yard. Father then sat on Mother’s chest and began punching her in the face. Father stopped his attack when Father’s mother, who also occupied the home, came into the bedroom and asked him to stop.