In re Breanna Y. CA2/1

Filed 4/25/13 In re Breanna Y. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re BREANNA Y., a Person Coming Under B243900 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK91396)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JUSTIN Y.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Veronica McBeth, Judge. (Retired judge of the L.A. Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Patricia K. Saucier, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Melinda A. Green, Senior Associate County Counsel, for Plaintiff and Respondent.

Justin Y. (father) appeals from the juvenile court‟s orders finding jurisdiction over his daughter, Breanna Y., under Welfare and Institutions Code section 300, subdivision (b),1 based on father‟s failure to protect Breanna from risks of harm associated with the known mental illness of the child‟s mother. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Department of Children and Family Services (DCFS) received a referral in mid- October 2011 alleging that then six-month-old Breanna was at substantial risk of abuse and neglect after her mother, Cameron F. (mother) was placed on an involuntary hold (§ 5150) after attempting suicide in front of father and Breanna. Mother (who is not a party to this appeal) was diagnosed with major depression and hospitalized for a week. A police report, dated October 11, 2011, indicates that mother had several cuts on one wrist, and admitted trying to kill herself by ingesting several pills and cutting her wrist with a piece of glass. The police interviewed father who told them mother was depressed about a custody dispute over Breanna‟s half-siblings. During its investigation DCFS learned that Breanna‟s parents had a history of domestic violence, including one incident in which father was arrested. In December 2011, DCFS presented the parents a voluntary case plan to address issues related to their domestic violence problems and mother‟s mental health. At first, mother was irate and refused to sign the case plan, but did so on January 4, 2012 with father‟s encouragement. Two days later, DCFS received a message from Breanna‟s maternal grandmother (grandmother) who was afraid mother was having a “mental health breakdown.” Grandmother said Breanna‟s paternal grandfather (grandfather) had argued with mother the evening before when taking her to her psychiatrist‟s office, and mother left with father and Breanna. Father called grandmother later to say: he and mother had argued when they got home, the police were called and he had left Breanna with mother. At this point, because father left Breanna