In re Tyler W. CA2/7

Filed 2/26/13 In re Tyler W. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re TYLER W., a Person Coming Under B241290 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK14138) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

GREGORY W.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Philip Soto, Judge. Affirmed. Robert McLaughlin, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Peter Ferrera, Senior Deputy County Counsel for Plaintiff and Respondent.

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Gregory W. appeals the jurisdictional and dispositional orders concerning his son, Tyler W., who was adjudicated a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivisions (a) and (b).1 We conclude that the evidence was insufficient to support a finding of dependency under section 300, subdivision (a), but affirm jurisdiction under subdivision (b) and also affirm the corresponding dispositional orders.

FACTUAL AND PROCEDURAL BACKGROUND

Six-year-old Tyler W. was living with his aunt Pamela W. in March 2012 when she was arrested in conjunction with an assault on her ex-boyfriend. Tyler W.‟s father Gregory W. was out of town due to his work as a truck driver, and his mother, U.W., could not immediately be found. The Department of Children and Family Services (DCFS) investigated conditions in both Gregory W.‟s home and Pamela W.‟s home. Tyler W. reported abuse by his father‟s girlfriend, T.M., and witnessing violence at Pamela W.‟s home. DCFS detained Tyler W. because of the absence of both parents, his age, the domestic violence in his presence, the abuse by T.M. M., and Pamela M.‟s mental health issues and arrest. He was soon placed with his maternal grandparents. DCFS filed a petition alleging that he came within the jurisdiction of the juvenile court under section 300, subdivisions (a) and (b). The subdivision (a) allegation concerned physical abuse by T.M. The subdivision (b) allegations charged that Gregory W. had failed to protect Tyler W. from abuse by T.M. and that he had made an inappropriate plan for the care of Tyler W. when he placed him with Pamela W. DCFS later filed an amended petition adding two further allegations under subdivision (b): that Gregory W. and T.M. engaged in a violent altercation in the presence of Tyler W. during which T.M. ran over Gregory W. with her car, and that Tyler W.‟s mother, U.W., had