In re Carlos D. CA2/7

Filed 5/16/16 In re Carlos D. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re CARLOS D., a Person Coming Under B266474 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK90770)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

A.C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Julie F. Blackshaw, Judge. Affirmed. Liana Serobian, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Aileen Wong, Deputy County Counsel, for Plaintiff and Respondent. ____________________

A.C. (Mother) appeals from the juvenile court’s order terminating jurisdiction over her three children and awarding full legal custody to Carlos D., Sr. (Father) and joint physical custody to Mother and Father. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In February 2012 Mother and Father’s three children, Carlos D., Alexa D. and Samantha D., were declared dependents of the juvenile court arising from Father’s physical abuse of Samantha. The children remained in Mother’s care under a family maintenance plan while Father received enhancement services. In April 2013 jurisdiction was terminated. Mother and Father were granted joint legal and physical custody of the children with the primary residence at Mother’s home. In August 2013 the Los Angeles County Department of Children and Family Services (Department) initiated new dependency proceedings on behalf of the children (then 10 years old, eight years old and three years old) pursuant to Welfare and Institutions Code section 300, subdivisions (a) (serious physical harm), (b) (failure to 1 protect) and (j) (abuse of sibling). The petition alleged Mother had hit Carlos with a belt and her hands as well as pulled his hair. The petition further alleged Mother had yelled at Carlos and called him demeaning names, placing him at substantial risk of suffering serious emotional damage pursuant to section 300, subdivision (c). The subdivision (c) count also alleged that Mother and Father emotionally abused Carlos by frequently 2 engaging in verbal altercations in his presence. Mother admitted to the social worker she had hit Carlos with her hand and a belt, but explained it was to punish him for stealing money and breaking a window with a BB gun. She also admitted she had called Carlos a “fat-ass” out of frustration, but regretted doing so. At the detention hearing on August 9, 2013 the court declared Father the presumed father of Carlos, Alexa and Samantha, found a prima facie showing had