In re D.J. CA2/5

Filed 10/2/15 In re D.J. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re D.J., a Person Coming Under the B261481 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK96620)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

BRITTANY K.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Stephen C. Marpet, Commissioner. Affirmed. Roni Keller, 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.

Brittany K. (mother) appeals the juvenile court’s denial, without a hearing, of her Welfare and Institutions Code1 section 388 petition, by which mother sought to regain custody of her young son D.J., or alternatively, to reside with him in his caretaker’s home and develop a plan to transition the child to mother’s care. The juvenile court determined that mother had failed to make a prima facie showing of changed circumstances, or that granting the petition would promote D.J.’s best interests. We concur in that assessment, and so affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND Mother gave birth to D.J. in July 2012, when she herself was a dependent of the juvenile court. D.J.’s father, Derick J. (father), had also been a dependent of the court as a child. At three months of age, D.J. suffered severe and disabling injuries as the result of physical abuse while in his parents’ care. The factual circumstances of the dependency action up until the time of the disposition hearing may be found in this court’s unpublished opinion. (DCFS v. B.K. (Sept. 2, 2014, B251615) [nonpub. opin.].) In summary, three-month old D.J. was diagnosed with acute and chronic subdural hemorrhages with extra-axial hemorrhages over the cerebral hemispheres, extensive bilateral retinal hemorrhages resulting in an altered level of consciousness, traumatic brain injury, acute respiratory failure, traumatic cerebral edema and subdural hematoma. He was found to have fractures to his left posterior seventh and eighth ribs and fractures of the lateral fourth, fifth and sixth ribs with adjacent pleural thickening; bruising to his lungs; and bleeding to his spine. The injuries were in different stages of healing. The parents had no explanation for how D.J. sustained the injuries, which were consistent with inflicted trauma and were of such a nature that would ordinarily not be sustained