In re An.N. CA2/8

Filed 9/30/16 In re An. N. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re An.N. et al., Persons Coming Under B270155 the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK14933) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

R.G.,

Defendant and Appellant.

Appeal from orders of the Superior Court of Los Angeles County. Nichelle L. Blackwell, Juvenile Court Referee. Affirmed.

Jennifer L. King, under appointment by the Court of Appeal, for Defendant and Appellant.

Mary C. Wickham, County Counsel, R. Keith Davis, Acting Assistant County Counsel, and William D. Thetford, Principal Deputy County Counsel, for Plaintiff and Respondent. ******

R.G. (mother) appeals from the jurisdiction and disposition orders entered January 22, 2016. Mother contends the juvenile court erred in asserting dependency jurisdiction pursuant to Welfare and Institutions Code section 300, subdivision (b)1 because neither the allegations of the petition nor the evidence presented demonstrated that the two minor girls were at risk of serious physical harm. Mother further contends the court erred in removing the girls from her custody because there was no substantial evidence they were in danger of physical harm in her care. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Mother and A.N. (father) separated when their twin daughters (An.N. and Ar.N.) were toddlers. Both mother and father remarried. Pursuant to a family law order, mother and father shared joint legal custody, but as of December 2015, when the girls were 13 years old, mother had primary physical custody of Ar.N., and father had primary physical custody of An.N. Father and stepmother had four children together. By the fall of 2015, stepfather had separated from mother and moved out of the home, leaving no contact information. On December 23, 2015, the Los Angeles County Department of Children and Family Services (Department) filed a petition pursuant to section 300, subdivision (b) alleging that Ar.N. and An.N. were at substantial risk of serious harm as a result of the parents’ failure to adequately protect them. It was alleged the parents’ ongoing and acrimonious custody battle had created a detrimental and endangering home environment, resulting in serious emotional stress and trauma to both girls. Ar.N. was alleged to be “clinically depressed” and An.N. was refusing to return to mother’s home even for visits. The Department reported that the allegations against father and stepmother, most of which were reported by mother, were unfounded. The Department further reported