In re Jacob S. CA2/5

Filed 10/26/15 In re Jacob S. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 JACOB S., a Person Coming Under B260690 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK31471)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

EDWIN S.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Timothy R. Saito, Judge. Affirmed. Donna Balderston Kaiser, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Jacklyn K. Louie, Principal Deputy County Counsel, for Plaintiff and Respondent.

Edwin S. (father), the alleged father of Jacob S. (Jacob), is serving a twelve-year prison sentence after a jury convicted him on two counts of robbery. He challenges the juvenile court’s jurisdictional finding, pursuant to section 300 of the Welfare and Institutions Code,1 that he is incapable of providing Jacob with regular care and supervision, thereby endangering his physical health and safety and placing him at risk of physical harm. We consider whether substantial evidence supports the juvenile court’s finding.

BACKGROUND The Los Angeles County Department of Children and Family Services (the Department) filed a section 300 petition on January 13, 2014, regarding six-year-old Jacob and his two maternal half-sisters, ages eighteen months and eight. The petition alleged that the children come within the jurisdiction of the juvenile court pursuant to subdivisions (a) and (b) of section 300 for three reasons. First, the petition alleged the children’s mother, Eva A. (mother) and her male companion, Anthony (the father of mother’s youngest child), had a history of engaging in violent altercations in the children’s presence. Second, the petition alleged Anthony had cared for the children while under the influence of alcohol, and mother was aware of his alcohol abuse. Third, the petition alleged mother had a history of mental and emotional problems, including depression and suicidal ideation, and failed to take her psychotropic medication as prescribed. The petition identified father as the alleged father of Jacob, which the court subsequently found to be true. On March 10, 2014, the Department filed a first amended petition. The amended petition added an allegation against father, namely, that he was