In re A.J. CA3

Filed 3/25/21 In re A.J. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re A.J., a Person Coming Under the Juvenile Court C090530 Law.

SACRAMENTO COUNTY DEPARTMENT OF (Super. Ct. No. JD238820) CHILD, FAMILY AND ADULT SERVICES,

Plaintiff and Respondent,

v.

J.J.,

Defendant and Appellant.

J.J., father of minor A.J., appeals from the juvenile court’s orders adjudging the minor a dependent, removing him from parental custody, and denying father reunification services. (Welf. & Inst. Code, §§ 361, 361.5, & 395.)1 Father contends the juvenile

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

court erred in denying him reunification services under section 361.5, subdivision (b)(6). We shall affirm. FACTUAL AND PROCEDURAL BACKGROUND On February 8, 2018, A.J., then age five months, was brought to the hospital by ambulance due to seizing and vomiting. Once there, he was examined and found to have a right subdural hemorrhage (bleeding in the brain). A.L. (mother) and J.J. provided explanations that were not consistent with the injuries A.J. had sustained. The emergency room doctor indicated A.J.’s injuries were suspicious because the bleeding could not have been caused by a seizure. A.J. was transferred to a pediatric specialty center at another hospital. There, Dr. Julia Magana examined a CT scan and consulted with a neurology specialist. The neurologist observed that the collection of blood between the skull and brain was large. Dr. Magana believed that some of the blood looked older and some newer, suggesting the possibility of prior trauma. Dr. Magana found no skull fracture or swelling, and she determined that brain bleeding was not caused by the seizures. Dr. Magana met with the parents. Father claimed that he laid A.J. in a pack-n-play and went to the bathroom, and when he returned A.J. was rolled over and crying differently. A.J.’s body went limp and his breathing became irregular. Father did not call 911 but instead called mother to explain the situation and took A.J. by car to mother’s place of employment, which was five minutes away. It was later determined that father called mother at her place of work between 8:00 and 8:15 p.m. The mother clocked out of work at 8:41 p.m., and 911 was called at 8:52 p.m. Upon father meeting mother there in the parking lot, A.J. began to foam at the mouth and shake like he was having a seizure. It was at that time that mother and father decided to call 911. Mother reported that while in the ambulance with A.J., he continued to shake and threw up multiple times. Mother informed Dr. Magana that when she first saw A.J., he was unresponsive and looked dead. Dr. Magana concluded that with no other medical reason for the head trauma, the injury was most likely abusive head trauma caused by shaking.