In re S. R. CA2/2

Filed 9/2/15 In re S. R. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 S. R., et al., Persons Coming Under B259771 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK71571) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent.

v.

M. S.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Tony L. Richardson, 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, and Stephen D. Watson, Deputy County Counsel for Plaintiff and Respondent.

Appellant M. S. (mother) appeals from the juvenile court’s findings and orders establishing dependency jurisdiction over her two sons, S. (born Aug. 2003) and Charles (born June 2013) and removing the former to his father’s custody and the latter to foster care. Mother argues there was insufficient evidence to support the juvenile court finding jurisdiction under Welfare & Institutions Code section 300 subdivisions (b) and (j),1 and to remove the children from mother’s custody, under section 361, subdivision (c). BACKGROUND Section 300 petition and history of the children’s welfare The Department of Children and Family Services (DCFS) first got involved with this family on July 19, 2013, when it received notice of domestic violence. It was reported that Charles A. (father)2 assaulted mother after she had criticized him for “socking” S. twice in the chest. Mother fought back and a fight ensued in close proximity to the children. S. immediately called the police and father fled from the home. DCFS transported mother and children to a relative’s home and instructed mother to stay away from father. Despite the violence, mother did not want a restraining order. Instead she expressed a desire to remain with father and raise her family. A few days later mother told a social worker that father assaulted her two weeks earlier and again while she was pregnant with Charles in June of 2013. The social worker was concerned that mother did not seem to fully understand the effect domestic violence had on her children. Counseling, therapy, and a parenting course was recommended for mother. On August 6, 2013, mother said that the July 2013 incident of violence was an isolated occurrence and that she wanted to remain with father. S. also changed his story