In re Z.M. CA2/2

Filed 6/25/15 In re Z.M. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Z.M., a Person Coming Under the B260026 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK99278)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

DIANA M. et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County. Tony L. Richardson, Judge. Affirmed. Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent. Andre F. F. Toscano, under appointment by the Court of Appeal, for Defendant and Appellant Diana M. Lori A. Fields, under appointment by the Court of Appeal, for Defendant and Appellant Kent M. No appearance for Minor. ******

The juvenile court asserted dependency jurisdiction over a four-year old girl after sustaining multiple allegations against her father. At the six-month review hearing, the court terminated jurisdiction and issued an “exit order” under Welfare and Institutions 1 Code section 362.4 awarding sole physical custody to mother but joint legal custody to both parents. Father appealed the juvenile court’s termination of jurisdiction, but later abandoned that appeal. Mother challenges the juvenile court’s award of joint legal custody. Concluding there was no error, we affirm. FACTUAL AND PROCEDURAL HISTORY Diana M. (mother) and Kent M. (father) are the biological parents of Z.M. (born Sept. 2009). In 2013, Z.M. had bruises and reported that “daddy did it.” When the Los Angeles Department of Children and Family Services (Department) investigated, it determined that father was out of town when Z.M.’s injury occurred and that Z.M. had a rare blood disease. At the same time, the Department discovered that father’s parental rights over his son (and Z.M.’s half-brother) Jeremiah had been terminated in 2008 after the juvenile court sustained allegations that father had used drugs in front of Jeremiah’s half-sister (Trinity) and had physically, emotionally and sexually abused Jeremiah’s half- sisters (Christina and Jacqueline). The Department filed a petition seeking to assert dependency jurisdiction over Z.M. based on (1) father’s history of drug use and his recent use of methamphetamines (under § 300, subd. (b)), (2) father’s mental illness (under § 300, subd. (b)), and (3) father’s physical, emotional and sexual abuse of Christina and Jacqueline (under 2 § 300, subds. (a), (b), (c), (d) & (j)). The juvenile court sustained these allegations, asserted dependency jurisdiction, and placed Z.M. in mother’s physical custody. At the six-month review hearing, the juvenile court (1) reviewed the psychological