In re N v. CA2/8

Filed 3/14/13 In re N.V. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re N.V., a Person Coming Under the B243067 Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. CK89260) FAMILY SERVICES,

Plaintiff and Respondent,

v.

ANTONIO V.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Robert Stevenson, Judge. Dismissed.

Lisa A. Raneri, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________

Antonio V. (father) appeals from the judgment adjudicating his daughter, N.V., a dependent child within the meaning of Welfare and Institutions Code section 300 subdivion (b) and placing her with mother.1 We dismiss.

FACTUAL AND PROCEDURAL BACKGROUND

Mother and father were not married when N.V. was born in September 2008. After N.V. was born, mother continued to live in an apartment with her three brothers. Father lived elsewhere but had keys to the apartment. On October 30, 2010, mother called the police after she came home with N.V. at about 11:45 p.m. to find father in the apartment. When she refused to have sex with him, father hit mother in the head with a metal wastebasket, then threw the wastebasket at the television and knocked over a table with glass bottles on it, causing the bottles to shatter on the floor. He then fled the apartment. Mother did not follow up on the officers’ suggestion that she obtain a restraining order against father. On July 7, 2011, police investigated an anonymous report that N.V. had been sexually abused by a maternal uncle. Two days later, mother was arrested for spousal abuse after father accused her of stabbing him with a kitchen knife. On July 11, mother entered a domestic violence shelter with N.V. The next day, police investigated mother’s report that father had made criminal threats against her. That same day, July 12, the Department of Children and Family Services (DCFS) received a referral alleging general neglect as well as physical and sexual abuse of N.V. The social worker responded to mother’s apartment and interviewed the apartment building’s resident manager, who stated that mother had lived in the building with the maternal uncles since October 2007; father visited occasionally but did not live there; N.V. seemed happy and well cared for. The manager did not observe any evidence of domestic violence but mother had asked to have the locks changed several times, including the day before, because of “problems” with father.