In re K.A. CA2/5

Filed 7/20/21 In re K.A. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE In re K.A. et al., Persons Coming B308091 Under Juvenile Court Law. _________________________________ (Los Angeles County Super. LOS ANGELES COUNTY Ct. No. 20CCJP01315) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

L.L.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Stephen C. Marpet, Judge Pro Tempore. Affirmed.

Pamela Deavours, under appointment by the Court of Appeal, for Defendant and Appellant.

Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel and Stephen Watson, Deputy County Counsel, for Plaintiff and Respondent. ________________________

Mother and father are the parents of a 13-year-old boy (K.A.) and his 8-year-old brother (A.A.). The juvenile court asserted jurisdiction over the minors based on mother’s domestic violence with stepfather, her alcohol abuse, her emotional abuse of the children, and father’s sexual abuse of another child. On appeal, father challenges the jurisdictional finding against him, as well as the juvenile court’s order removing the children from his care. He argues there was insufficient evidence the children were put at risk by his sexual abuse of another child. He also contends the juvenile court applied the wrong statute at disposition in support of removal. We find the challenge to the jurisdictional findings non-justiciable. We also find no error in the disposition order and, therefore, affirm. FACTUAL AND PROCEDURAL BACKGROUND The Department of Children and Family Services (Department) began investigating the family in March 2020 when older son K.A. reported to the police that he saw mother punch stepfather. Mother told the social worker she had been in a relationship with stepfather for three to four years, and acknowledged slapping him the day before. She denied prior incidents of domestic violence with stepfather. According to K.A., stepfather and mother hit each other every two to three months. The day prior, mother and stepfather had come home drunk from a party and had physically fought. K.A. reported that he had previously had suicidal thoughts; younger son A.A. also said he wanted to “hurt” himself because his “ ‘parents are always fighting.’ ” Both boys denied any sexual abuse. Father’s whereabouts were unknown. K.A. said father left the family about five years earlier. Mother said father did not