In re Camila M. CA2/8

Filed 1/22/21 In re Camila M. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Camila M., a Person B307092 Coming Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 20CCJP00692A) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

BRYAN P.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Victor G. Viramontes, Judge. Affirmed. William Hook, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Navid Nakhjavani, Deputy County Counsel, for Plaintiff and Respondent. **********

Father Bryan P. appeals from the dispositional order removing his then nearly three-year-old daughter, Camila M. from his custody. Father argues that because he was a noncustodial parent, had no right to custody of Camila, and never requested custody of her, the court had no legal basis to remove her from his care under Welfare and Institutions Code section 361, subdivisions (c), (d), or section 361.2, subdivision (a).1 Father does not challenge the juvenile court’s jurisdictional findings, or any other aspect of the court’s dispositional order. Respondent contends father forfeited any challenge to the removal order by failing to object, and that removal was warranted under section 361, subdivision (d), which applies to noncustodial parents. We affirm. FACTUAL AND PROCEDURAL BACKGROUND This family came to the attention of the Los Angeles County Department of Children and Family Services (Department) in December 2019, after mother and father were involved in a domestic violence incident. (Mother was found to be nonoffending, and is not a party to this appeal.) As mother was driving, father attempted to remove Camila from her car seat. Mother told father it was unsafe, and slammed the brakes, not realizing the child had already been removed from her seat. Camila hit her head on the console as the car abruptly stopped, causing a small bump. Father became enraged, dragged mother from the car, and repeatedly punched her until bystanders intervened. According to mother, father was holding Camila as he struck her, and Camilla was yelling “Mommy!” Father was