In re Leonardo D. CA2/8

Filed 9/3/20 In re Leonardo D. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 LEONARDO D., a Person Coming Under the Juvenile Court B302676 Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN (Los Angeles County AND FAMILY SERVICES, Super. Ct. No. 19CCJP06162)

Plaintiff and Respondent,

v.

Z.K.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Pete R. Navarro, Judge Pro Tempore. Affirmed. Anne E. Fragasso, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Kim Nemoy, Acting Assistant County Counsel, and Tracey Dodds, Principal Deputy County Counsel, for Plaintiff and Respondent. __________________________

Z.K. (Mother) appeals from the juvenile court’s order terminating jurisdiction over her son, Leonardo D. We affirm. FACTS Daniel D. (Father) and Mother are divorced and share custody of five-year-old Leonardo. Their divorce was acrimonious and they each have a restraining order against the other as a result of domestic violence incidents between them. Their custody exchange of Leonardo takes place at a police station. On July 18, 2019, Father informed the Los Angeles County Department of Children and Family Services (DCFS) that Mother hit Leonardo in the nose. Leonardo told Father about the incident and the day afterward, when Father saw Leonardo, Father noticed Leonardo’s nose was somewhat red and bruised. Father also contacted the police, who went to Mother’s home to investigate. When no one answered the door, the officers broke down the door because they observed Leonardo in the window without adult supervision. When the officers interviewed Mother, they smelled alcohol on her breath. Mother denied drinking, but stated she was taking prescription medication. Mother claimed she accidentally hit Leonardo in the nose while they were playing Jiu Jitsu in the back seat of her friend’s car. Leonardo initially confirmed Mother’s version of events, because he was interviewed at Mother’s home and was afraid she would overhear his statement. However, when the children’s social worker interviewed Leonardo at Father’s home, he admitted, “she went crazy and it was scary.” When urged to describe the incident, Leonardo stated he was at the Santa Monica Pier with Mother and Mother’s friend when she “punched” him in the nose in the car. He denied he did anything to provoke her. Leonardo also admitted Mother told him to lie to