In re April v. CA2/8

Filed 10/9/20 In re April V. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 APRIL V., a Person Coming B302749 Under the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 19CCJP04546A) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

J.V.,

Defendant and Appellant.

APPEAL from findings and orders of the Superior Court of Los Angeles County. Marguerite D. Downing, Judge. Affirmed. Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Kim Nemoy, Assistant County Counsel, and Sarah Vesecky, Deputy County Counsel, for Plaintiff and Respondent. ___________________________

Father Jaime W. appeals the juvenile court’s jurisdictional findings and disposition order removing his young daughter April V. from his custody due to domestic violence. We affirm. BACKGROUND The dependency petition at issue was based on a 2019 domestic violence incident between father and mother A.B. while April was present in the home. (Welf. & Inst. Code, § 300, subds. (a)(1), (b)(1); all statutory citations refer to the Welfare and Institutions Code.) The sustained petition alleged father “grabbed the mother’s neck and pushed the mother to the ground,” then “repeatedly struck” her with his fist and “repeatedly kicked mother’s face, body and legs inflicting pain to the mother’s head and stomach.” Mother “bit the father’s chin, inflicting pain, redness and a laceration to the father’s chin,” and “pulled and scratched the father’s earlobe . . . inflicting pain and redness to the father’s earlobe.” Mother was arrested for the incident. The petition alleged the parents had a history of domestic violence and mother failed to protect April because she allowed father to reside with April and have unlimited access to her in violation of a juvenile court order granting father only monitored visitation. The petition was later amended to add a sustained allegation that mother placed April at risk by failing to live with maternal grandmother in violation of court orders to do so. According to the police report of the fight, father told police the dispute arose because he told mother he was going out and she said she was also going out. Father told her not to leave or he would put her belongings outside. When mother still tried to leave, father told her he wanted to break up with her and started