In re J.C. CA2/8

Filed 7/16/15 In re J.C. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.C., a Person Coming Under the B259247 Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. DK02741) FAMILY SERVICES,

Plaintiff and Respondent,

v.

J.C.,

Appellant;

J.O.,

Respondent.

APPEAL from and order from the Superior Court of Los Angeles County, Tony L. Richardson, Judge. Affirmed.

Cameryn Schmidt, under appointment by the Court of Appeal, for Appellant.

Michele Anne Cella, under appointment by the Court of Appeal, for Respondent.

_____________________

Minor J.C. appeals from the dependency court order dismissing for insufficient evidence a child abuse petition filed against the minor’s mother. We affirm because substantial evidence supports the trial court’s determination.

FACTS AND PROCEDURAL HISTORY1

In December 2013, acting on a child abuse petition filed by the Los Angeles County Department of Children and Family Services (the department), the dependency court detained seven-year-old J.C. and her three-year-old brother J.E. The petition alleged that mother J.O. (mother) and her male companion Giovanni G., habitually struck the children in a variety of ways: mother struck J.E. in the mouth with her finger or otherwise struck the child; Giovanni would slap J.E.’s hand, causing him to call his sister for help; Giovanni pulled J.E.’s ears and arms and slapped his back and buttocks; Giovanni slapped J.C. on the back of her head, once causing her to fall; mother would pull and scratch J.C.’s ears, leaving red marks; and mother had so physically and emotionally abused J.C. that the child talked of suicide. J.C.’s father was L.C., while J.E.’s father was E.E. In 2009, after L.C.’s arrest for threatening mother with a knife, J.C. reported that E.E., who was then mother’s boyfriend, had touched her inappropriately and placed a knife at her stomach. J.C. admitted that her father, L.C., told her to say those things and the matter was closed on the ground it was unfounded. J.C.’s statements concerning what occurred remained fairly consistent. J.C. did not feel safe with mother or Giovanni, both of whom hit her brother, pinched and pulled their ears and slapped their heads. J.C. claimed mother did not feed her enough and kept the refrigerator door locked. She believed mother would intentionally hurt her and said she wanted to kill herself. According to J.C., mother hit J.E. daily with her hands, or a sandal or belt, and Giovanni hit both her and her brother. Mother hit her and laughed