In re Joseph W. CA2/3

Filed 11/19/21 In re Joseph W. CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

In re JOSEPH W. et al., Persons B312178 Coming Under the Juvenile Court Law.

LOS ANGELES COUNTY Los Angeles County DEPARTMENT OF Super. Ct. No. CHILDREN AND FAMILY 18LJJP00584D–E SERVICES,

Plaintiff and Respondent,

v.

T.W.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Steff R. Padilla, Judge Pro Tempore. Appeal dismissed. Christopher R. Booth, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Veronica Randazzo, for Plaintiff and Respondent. _______________________________________

INTRODUCTION

T.W. (father) appeals from the juvenile court’s disposition orders declaring his two minor children dependents of the court and removing them from his custody after it found he physically abused both children. On appeal, father argues insufficient evidence supports the court’s removal orders or, in the alternative, the court abused its discretion when it awarded him monitored visits with the children. While this appeal was pending, the court returned the children to father’s custody, rendering father’s challenge to the removal and visitation orders moot. We therefore dismiss the appeal.

BACKGROUND

Father has two minor sons, Joseph and Elias.1 In November 2020, the Department of Children and Family Services (Department) filed a dependency petition on the children’s behalf under Welfare and Institutions Code section 300, subdivisions (a), (b), and (j), alleging: (1) father physically abused Elias by repeatedly hitting the child with a belt across the arms, back, and face and by striking the child’s face with his hand (a-1, b-1, and j- 1 allegations); and (2) father physically abused Joseph by striking the child’s buttocks, back, and legs with a belt (a-2, b-2, and j-2 allegations). The court held the combined jurisdiction and disposition hearing in March 2021. The court sustained the a-1 and a-2 allegations as pled in the petition and dismissed the other allegations. The court declared Joseph and Elias dependents of