In re Isabella D. CA2/3

Filed 9/22/15 In re Isabella D. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ISABELLA D. et al., Persons Coming B261322 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK05312) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ALLEN D.,

Defendant and Appellant.

APPEAL from a judgment and an order of the Superior Court of Los Angeles County, Marguerite Downing, Judge. Affirmed.

Jamie A. Moran, under appointment by the Court of Appeal, for Defendant and Appellant.

Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Sarah Vesecky, Deputy County Counsel, for Plaintiff and Respondent.

_____________________

INTRODUCTION Appellant Allen D. (father) challenges the dependency court’s jurisdictional findings under Welfare and Institutions Code1 section 300, subdivisions (b) and (d) with respect to his four-year-old daughter, Isabella D., and two-year-old son, Allen D., Jr. The evidence showed that father approached his 11-year-old stepdaughter wearing only his underwear, offered to pay her $8.00 to consume an alcoholic beverage, then lay down on a bed next to the minor and told her to touch his penis, all while the two dependent children were watching television in an adjoining room. Father attributed his misconduct to the influence of alcohol. Though father does not challenge many of the sustained grounds for dependency jurisdiction, he nevertheless argues the evidence was insufficient to find a danger that he would sexually abuse his biological children or that his abuse of alcohol posed a risk to the children’s physical or mental well-being. Father also argues the evidence was insufficient to remove the dependent children from his physical custody. We reject these contentions and affirm. FACTS AND PROCEDUREAL BACKGROUND On May 5, 2014, the Los Angeles County Department of Children and Family Services (the Department) received a referral alleging father became intoxicated and tried to make his stepdaughter grab his penis. The Department later learned the alleged victim was father’s 11-year-old stepdaughter Mia. In her interview with a Department social worker the day after the report, Mia disclosed the incident occurred at the two-bedroom home father shared with Mia’s mother and their two children, four-year-old Isabella and two-year-old Allen. Mia, who lived with her biological father, had been at the home to babysit her half-siblings while mother was at work. Immediately before the incident, Mia reported that Isabella and Allen were watching television in mother’s room and father was in the kitchen making a drink. After preparing the drink, father approached Mia and offered her $8.00 to drink some of it. Unsuspecting, Mia took a sip of the drink, which she observed father make