In re S.E. CA1/2

Filed 6/30/21 In re S.E. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

In re S.E., a Person Coming Under the Juvenile Court Law.

SONOMA COUNTY HUMAN SERVICES DEPARTMENT, A161242 Plaintiff and Respondent, v. (Sonoma County Super. Ct. No. DEP-6175) Y.T., Defendant and Appellant.

Appellant Y.T. (Mother) appeals from a dispositional order in dependency proceedings regarding her daughter S.E., arguing that certain of the jurisdictional findings are not supported by substantial evidence and that the juvenile court erred in failing to make the findings required by Welfare and Institutions Code, section 361, subdivisions (d) and (e).1 We affirm. BACKGROUND Mother and T.E. (Father) are the parents of S.E., who was born in 2011.

Further undesignated statutory references are to the Welfare and 1

Institutions Code.

1

In December of 2016, Santa Rosa police responded to a domestic violence incident in which Mother attempted to break into the home of Father’s sister, and hit and pushed Father. S.E. was present but did not see the incident. Mother was arrested for domestic violence (Pen. Code, § 243, subd. (e)(1)) and Father obtained an emergency protective order that expired later that month. In May of 2017, Mother obtained a family court judgment awarding her full legal custody of S.E., apparently by default after Father did not appear in court. Once shelter-in-place began in the spring of 2020, Mother and Father reached a verbal agreement whereby S.E. lived with Father, and Mother would stay at Father’s house in Santa Rosa and homeschool S.E. during the week. On June 22, 2020, while staying at Father’s house, Mother accused him of taking her keys and threatened him with a knife. The next day, Father returned home and Mother began screaming at him and calling him names. Father called the Santa Rosa police, who responded, spoke with Mother, and then left. Mother then locked Father out of the house. When he used his key to enter the front door, she grabbed his phone, screamed at him, and scratched his face. S.E. was present, crying, and screaming for Mother to stop. Father again called the police, who arrived and arrested Mother for felony assault with injury (Pen. Code, § 273.5, subd. (a)). Police again obtained an emergency protective order. On June 30, Father filed a request for a domestic violence restraining order against Mother, which was granted and valid until July 21. On July 21, a family court hearing was held at which the family court continued the temporary restraining order protecting Father and S.E. from Mother to November 4, and awarded sole legal and physical custody of S.E.