In re L.E. CA2/6

Filed 5/20/21 In re L.E. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re L.E., a Person Coming 2d Juv. No. B307117 Under the Juvenile Court Law. (Super. Ct. No. 19JV00290) (Santa Barbara County)

SANTA BARBARA COUNTY DEPARTMENT OF SOCIAL SERVICES,

Plaintiff and Respondent,

v.

S.A.,

Defendant and Appellant.

Mother appeals the denial without an evidentiary hearing of her petition pursuant to Welfare and Institutions Code section 388. 1 We affirm.

All statutory references are to the Welfare and 1

Institutions Code unless otherwise stated.

FACTS L.E. was born in April 2019. On July 31, 2019, the Santa Barbara Department of Social Services (DSS) received a call from Santa Barbara Cottage Hospital. Hospital personnel told DSS that L.E. had been brought to the emergency room for excessive irritability on four prior occasions. On each occasion, L.E. had bruising the parents could not explain. Finally, the child was admitted to the hospital and tests were ordered. The tests show L.E. had three fractured ribs in various stages of healing and a fractured skull. That L.E.’s ribs showed various stages of healing indicated that the injuries were inflicted over a period of time. Again the parents could not explain L.E.’s injuries. Detention Hearing On August 2, 2019, DSS filed a juvenile dependency petition. The petition alleged the juvenile court had jurisdiction under section 300, subdivision (a); the child suffered serious physical harm nonaccidentally inflicted by the child’s parent; and failure to protect under section 300, subdivision (b)(1). Later DSS filed an amended petition alleging severe physical abuse of a child under five years old under section 300, subdivision (e). The juvenile court ordered that L.E. be detained out of the parents’ home and the matter be set for a jurisdictional hearing. Jurisdictional Hearing At the jurisdictional hearing, DSS relied on section 355.1, subdivision (a). The section provides where a court finds that an injury sustained by a minor would ordinarily not be sustained except as a result of the unreasonable or neglectful acts or omissions of either parent, the finding shall be prima facie evidence of jurisdiction.