In re J.A. CA2/3

Filed 1/13/22 In re J.A. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re J.A. et al., Persons Coming B310876 Under the Juvenile Court Law.

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN Los Angeles County AND FAMILY SERVICES, Super. Ct. Nos. 20CCJP01948A, Plaintiff and Respondent, 20CCJP01948B

v.

J.A.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Lisa A. Brackelmanns, Judge Pro Tempore of the Juvenile Court. Affirmed. Richard L. Knight, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, Stephanie Jo Reagan, Principal Deputy County Counsel, for Plaintiff and Respondent. _________________________

The juvenile court sustained a petition under section 300 of the Welfare and Institutions Code,1 after finding father disciplined his daughter by striking her with a belt and pulling her ears. Father argues there is insufficient evidence showing his discipline was inappropriate and posed a risk of harm to his children. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Mother and father have two children together, J.A. (born in 2011) and E.A. (born in 2013). Mother and father split up in 2016, and mother married another man, C.O. Father did not have stable housing, so the children primarily lived with mother and C.O. They would generally visit father twice a week for a few hours during the day. On January 31, 2020, the Los Angeles County Department of Children and Family Services (DCFS) received a report that mother was involved in a domestic violence incident with C.O. During DCFS’s investigation of the incident, six-year-old E.A. said father pulls her ears and hits her with a belt when she is in trouble, but she denied that he leaves marks on her body. She said father is nice to her and her brother, and she was not afraid of him. According to E.A., mother uses time-outs or spankings as discipline. Eight-year-old J.A. said father spanks him, but he felt safe with father and enjoyed visiting him. Father told a social worker he used to spank his children or pat them on the back, but he denied that he ever left a mark or caused bruising. Father said he would use other forms of discipline in the future. On April 7, 2020, DCFS filed a petition to declare J.A. and E.A. dependents of the juvenile court. The petition alleged