In re Ja.C. CA2/3

Filed 9/25/15 In re Ja.C. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 JA. C. et al., Persons Coming Under B260946 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK80212) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

T. T.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Marilyn Mordetzky, Referee. Affirmed.

Suzanne Davidson, under appointment by the Court of Appeal, for Defendant and Appellant.

Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Tyson B. Nelson, Deputy County Counsel, for Petitioner and Respondent. _____________________

INTRODUCTION Mother appeals the juvenile court’s judgment pursuant to Welfare and Institutions Code1 section 300, subdivisions (b) and (j) finding jurisdiction over her sons Ja. and A. Mother asserts that the court’s judgment sustaining allegations that Mother medically neglected Ja. was not supported by substantial evidence. We affirm because substantial evidence supports the court’s finding of medical neglect as to Ja., and that there was a risk of future physical harm and danger to both children due to Mother’s poor judgment. FACTS AND PROCEDURAL BACKGROUND This is the family’s second dependency case. In 2009 and 2010, DCFS substantiated allegations of emotional abuse toward Ja. resulting from domestic violence occurring between the parents. In 2010, the juvenile court sustained jurisdiction over Ja. based on allegations of domestic violence between Mother and Father, and allegations that Mother failed to take action to protect Ja. from the violence. Following the 2010 dependency case, the family law court ordered Father to have physical custody of Ja. from Thursday to Sunday, and Mother to have physical custody of Ja. for the remainder of the week. A. has a different biological father, who was imprisoned for most of A.’s life for a felony conviction, and Mother has had full custody of A. On July 3, 2014 around 4:00 p.m., four-year-old Ja. accidentally injured his wrist while wrestling with nine-year-old A. at Mother’s boyfriend’s home. Ja. told Mother that his arm hurt and she put ice on it. The severity of Ja.’s injury was not immediately apparent. Mother, A., and Ja. then drove to the beach an hour or so later with Mother’s boyfriend and his children. Ja. continued to cry on and off. At the beach, Mother noticed that Ja.’s arm was swollen and determined that he needed to be taken to the hospital. Mother texted Father asking him to take Ja. to the hospital because it was her birthday. Father did not respond. Mother told Ja. and A. that she could not take Ja. to the hospital because she did not have enough gas. Mother drove the children home, bathed them, and then drove Ja. to Father’s home. Shortly after 8:00 p.m., Mother dropped Ja. off with