In re K.M. CA1/1

Filed 9/10/15 In re K.M. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

In re K.M., a Person Coming Under the Juvenile Court Law.

CONTRA COSTA COUNTY CHILDREN & FAMILY SERVICES, Plaintiff and Respondent, A142660 v. (Contra Costa County H.M., Super. Ct. No. J1300137) Defendant and Respondent.

INTRODUCTION H.M., the father of K.M., (Father) appeals from the court’s jurisdictional and dispositional orders and the order terminating reunification services, asserting no substantial evidence supports the court’s finding he sexually abused K.M. Father also claims his trial counsel was ineffective because he failed to call K.M. as a witness. We find no merit in his contentions, and affirm. BACKGROUND We set forth only those facts relevant to the issues raised on appeal. In January, 2013, Contra Costa County Children and Family Services (Department) detained then- seven-year-old K.M. and placed her in foster care after she reported to school personnel

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Father hit her on the leg with a belt. Father admitted hitting K.M. with a belt, explaining the “ ‘problem in this country [is y]ou are not allowed to hit your kid.’ ” Father pleaded no contest to allegations in the amended petition of serious physical harm, failure to protect K.M. from ongoing domestic violence with K.M.’s mother, and serious emotional damage due to Father’s physical abuse. Mother pleaded no contest to allegations she failed to protect K.M. from abuse and that K.M. suffered serious emotional damage. The court continued K.M.’s placement in foster care. In the Department’s disposition report, the social worker reported K.M. had exhibited some concerning behavior in foster care. In one incident, the foster mother reported K.M. woke her up in the middle of the night and told her the family dog had bitten her after she took the dog in the bathroom with her. The foster mother noted the dog’s genitals were wet and the bathroom had a strong odor “which she associated with anal scent gland expression.” The foster mother also reported K.M. has offered to get a belt or tree limb, and said she would understand if the foster mother hit her as punishment. K.M. had begun weekly visits with her mother, but there was a “ ‘no contact’ ” order regarding Father. The court ordered reunification services for both parents. In December 2013, the Department filed a subsequent petition alleging Father sexually abused K.M. and mother failed to protect her. K.M.’s therapist reported K.M. brought some pictures she had drawn to therapy which raised concerns because one featured a “prominent drawing of [a] dog’s penis.” A social worker made an unannounced visit to K.M.’s school. During that visit, K.M. told the social worker that she might be able to see her parents in the future, but she was scared to see Father because he touched her private parts. She told the social worker Father “would tell her to pull down her pants and would touch her on her privates” for 20 minutes. K.M. reported she did not like it because she often got a rash afterwards. She denied that her mother touched her. K.M. was interviewed at the Children’s Interview Center. She told the interviewer she did not feel safe with Father because he hit her with a belt. She also said Father