In re Joshua H. CA2/3

Filed 9/22/15 In re Joshua H. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re JOSHUA H., a Person Coming Under B260190 the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK07115) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

YOLANDA R.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Margaret S. Henry, Judge. Affirmed.

Ernesto Paz Rey, 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.

_____________________

INTRODUCTION Appellant Yolanda R. (mother) appeals from the juvenile court’s order removing her then 16-year-old son, Joshua H., from mother’s physical custody pursuant to Welfare and Institutions Code1 section 361. Mother challenges the sufficiency of the evidence. We conclude the record supports the court’s finding that mother threatened Joshua with a knife while expelling him from the home, and this was sufficient to warrant the removal order in view of the substantial danger such extreme conduct posed to Joshua’s physical and mental well-being. We affirm. FACTS AND PROCEDURAL BACKGROUND On August 26, 2014, the Los Angeles Department of Children and Family Services (DCFS) received a referral alleging mother had physically and emotionally abused Joshua two days earlier. The reporting party stated that mother chased Joshua out of the house with a knife after arguing with him over some food. This was allegedly the third or fourth time mother had locked Joshua out of the house after an argument. Joshua reportedly spent the night at his maternal aunt’s home. A Department social worker interviewed Joshua about the incident. Joshua reported that the incident began in the kitchen where mother had some take-out food sitting on the counter. Mother reportedly ordered Joshua not to touch “ ‘her’ food,” but Joshua nevertheless inspected the food and asked mother, in a “joking” manner, “what’s this?” Mother became angry at that moment and ordered Joshua to give her his cell phone. Joshua “shrugged off” the demand, which reportedly “infuriated” mother. Mother then commanded Joshua to turn over his cell phone and keys and leave the home. Mother grabbed for the keys from Joshua’s pocket, but Joshua blocked her with his hand and made his way to the backdoor to exit the house. As he was stepping out the door, mother reportedly grabbed a one-foot long kitchen knife, held it in front of her and yelled at him, “ ‘don’t you even think of bringing your butt back in here!’ ” Joshua called his maternal aunt to pick him up and stayed at her house that night.