In re A.P. CA2/5

Filed 8/26/21 In re A.P. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A.P. et al., Persons Coming B309495 Under Juvenile Court Law. _________________________________ (Los Angeles County Super. LOS ANGELES COUNTY Ct. No. 20CCJP04211A-B) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JOSE P.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Tamara Hall, Judge. Affirmed. Deborah Dentler, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent. ________________________

The juvenile court ordered the removal of six-year-old A.P. and infant J.P. from their father’s care due to father’s physical altercations with the children’s mother. Father was provided with reunification services and monitored visitation. Father appeals from the order that his visitation be monitored, and argues there was no evidence he posed a risk of harm to his children. In his view, domestic violence between parents does not endanger children who are present. We follow the well-trodden path of many courts that have found otherwise and affirm. FACTUAL AND PROCEDURAL BACKGROUND In July 2020, the Department of Children and Family Services (Department) received a referral alleging father had pushed mother, who was nine months pregnant with their son, and mother had fallen over. Mother confirmed father had pushed her, and said he had hit her on other occasions. Their six-year- old daughter witnessed the incident and was frightened. Daughter said father hit mother on the chest and stomach, and had previously hit her “a few times before.” The Department filed a petition alleging the children were at risk due to the parents’ history of engaging in violent altercations in daughter’s presence, and mother’s failure to protect the children from father’s violence. Mother later recanted her account of the abuse, and denied that father had ever been physically violent with her. Although father initially admitted he had pushed mother, he also later denied they had engaged in any physical altercation. At the jurisdiction hearing, the trial court sustained allegations against both parents under Welfare and Institutions Code section 300, subdivisions (a), (b)(1), and (j), and released the