In re I.J. CA2/3

Filed 5/24/13 In re I.J. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 I.J., a Person Coming Under the B243287 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK93924) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

MAURICE L.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robert Stevenson, Referee. Affirmed.

Kimberly A. Knill, under appointment by the Court of Appeal, for Dependant and Appellant.

John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Kimberly A. Roura, Associate County Counsel, for Plaintiff and Respondent.

_____________________ In an order dated August 3, 2012, the juvenile court asserted jurisdiction over I.J. pursuant to Welfare and Institutions Code section 300, subdivision (b),1 and declared I.J. a dependent child of the court. The court found that the domestic violence between appellant Maurice L. (father) and Shelly J. (mother) endangered I.J.‟s physical health and safety. Father argues that there was no substantial evidence supporting the court‟s jurisdictional finding. We reject father‟s argument and affirm the juvenile court‟s order. FACTUAL AND PROCEDURAL BACKGROUND 1. I.J.’s Family I.J. was born in July 2010. He lived with mother and father until August, 2011, when father was incarcerated for possession or purchase of a controlled substance. Father has been convicted of five felonies and two misdemeanors related to illicit drugs. He has never been convicted of a domestic violence crime, though in 2007 he was charged with inflicting corporal injury on a spouse or cohabitant. I.J. has two half-sisters, Brandi W. and Nina W., who were 13 and 9 years old, respectively, when these proceedings commenced. Brandi‟s presumed father is Jason M. Brandi usually lived with Jason in Alaska for most of the year, and spent her summers with mother in California. In 2012, however, Brandi spent the school year with mother, and was planning on spending the summer with Jason when this action was filed. Nina lives with her alleged father, Edward P., in Wisconsin. 2. The Detention of I.J. and Brandi On June 8, 2012, when I.J. was about 22 months old, mother called the police and asked for assistance because someone was allegedly breaking into her apartment in Hollywood. When two police officers arrived at mother‟s home, they did not see any signs of a burglary.