In re K.B. CA4/3

Filed 8/5/21 In re K.B. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re K.B., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G059888

Plaintiff and Respondent, (Super. Ct. No. 20DP1152)

v. OPINION

COREY B.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Dennis J. Keough, Judge. Affirmed. Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and Appellant. Leon J. Page, County Counsel, Karen L. Christensen and Jeannie Su, Deputy County Counsel, for Plaintiff and Respondent. No appearance for the Minor.

INTRODUCTION Corey B. appeals from a jurisdiction and disposition order regarding his daughter, K.B., which assumed jurisdiction over her and gave custody to her mother, Audrina P., under supervision of Orange County Social Services Agency (SSA). The jurisdiction/disposition order removed K.B. from Corey’s custody and provided only monitored visitation for him. The basis of the court’s order was its finding that Corey was sexually abusing K.B. Corey denied any abuse and contended that these accusations arose from an ongoing family law custody dispute between him and Audrina. We are a reviewing court, charged with correcting any legal errors that may have occurred in the lower courts. We cannot make findings of fact, and we do not evaluate credibility. Those tasks are entrusted to the juvenile court. We can reverse a finding of fact only if no evidence (or if only a mere scintilla of evidence) supports it. And we are bound by the juvenile court’s decision of whom to believe. In this case, the juvenile court listened to the evidence – all of it – and decided it believed K.B.’s reports of abuse. This is not to say the evidence was undisputed; it was not. But after listening to the witnesses and evaluating SSA’s reports, the court made its call. Sufficient evidence supports the court’s decision, and we cannot, with only a paper record before us, override the juvenile court’s decisions regarding reliability. FACTS K.B. was born in June 2016. Corey and Audrina married in November 2016, but separated less than a year later. They were divorced in 2019. For visitation, Corey had K.B. for 24 hours on Wednesday/Thursday and every other weekend. Audrina had K.B. the rest of the time. It is not necessary to recount every incident of alleged sexual abuse. Over the span of about two years, from the time she was about fifteen months until she was