In re Jesse L. CA2/7

Filed 5/19/15 In re Jesse L. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re JESSE L., a Person Coming Under the B258615 Juvenile Court Law. (Los Angeles County Super. Ct. No. DK05543)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ASHLEIGH L.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Philip L. Soto, Judge. Affirmed. Johanna R. Shargel, under appointment by the Court of Appeal, for Defendant and Appellant. Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, Jessica S. Mitchell, Deputy County Counsel. _________________________

The juvenile court sustained a petition pursuant to Welfare and Institutions Code section 300, subdivisions (a) (serious physical harm inflicted nonaccidentally) and 1 (b) (failure to protect) and declared then eight-year-old Jesse L. a dependent child of the court based on several acts of physical abuse by Jesse’s mother, Ashleigh L., and the mother’s boyfriend, Jesus F. The allegation that Jesse L.’s father, Jesse P., had failed to protect the child was dismissed. The court removed Jesse from Ashleigh’s custody and placed him with his father and ordered family maintenance services for both parents. Ashleigh appeals from the disposition order, arguing the evidence is insufficient to support the court’s findings Jesse would be in substantial danger if returned to Ashleigh’s care and there were no reasonable alternatives to removing him from her custody. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Jesse was removed from Ashleigh and taken into protective custody by the Los Angeles County Department of Children and Family Services (Department) on June 13, 2014 following an investigation that had begun two weeks earlier after a referral from Jesse’s school reporting he had been physically abused by Ashleigh. The Department filed a section 300 petition, and on June 18, 2014 the juvenile court found a prima facie showing had been made that Jesse came within section 300, subdivisions (a) and (b), and continuance in Ashleigh’s home would be contrary to his welfare. Jesse P. was found to be Jesse’s presumed father, and Jesse was released to him. Both parents were provided family maintenance services. Ashleigh’s visitation with Jesse was to be monitored. At the contested jurisdiction hearing on July 23, 2014 the court admitted into evidence the Department’s June 18, 2014 detention report with attachments and its July 23, 2014 jurisdiction/disposition report with attachments and heard brief, live testimony from Ashleigh. At the conclusion of the evidentiary presentation the court sustained the section 300 petition, as amended by interlineation. Specifically, as to