In re V.O. CA2/8

Filed 5/30/13 In re V.O. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 V.O., a Person Coming Under the B243585 Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. LASC NO. CK93153) FAMILY SERVICES,

Plaintiff and Respondent,

v.

ALEX M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Donna Levin, Judge. Affirmed.

William Hook, under appointment by the Court of Appeal, for Plaintiff and Appellant.

John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel and Tracey F. Dodds, Deputy County Counsel, for Defendant and Respondent.

__________________________

Alex M. (father) appeals from the order adjudicating his son, V.O., a person described by Welfare and Institutions Code section section 300, subdivisions (a) and (b).1 Father contends the true finding on the subdivision (a), nonaccidental harm, allegation, was not supported by substantial evidence. He does not challenge the true finding on the identical subdivision (b), failure to supervise, allegation. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

V.O. was born in September 2007. Mother and father were not married and father had little to do with V.O. until August 2011, when he invited mother to live with him in the paternal grandparents’ home. Mother and V.O. moved out in January 2012. One month later, father referred mother to the Department of Children and Family Services (DCFS) for general neglect; specifically, mother’s failure to obtain necessary dental work for V.O. Mother explained to a social worker that she was in the process of obtaining Medi-Cal coverage for V.O. because she could not afford the $600 it would cost to have V.O.’s 11 cavities filled. Mother also told the social worker that she moved out of father’s home because of his increasing abusiveness towards her and V.O., including one incident in which father tried to choke mother while V.O. was asleep in the room; and a second incident in which father ripped V.O.’s shirt, spat on mother and pulled her hair. V.O. told the social worker that father yelled at him and mother, and he saw father spit at mother; he never saw father hit mother, but father had hit him. Father admitted arguing with mother, but told the social worker that the arguments never got out of control. Father said he was in the process of seeking custody of V.O. On March 9, 2012, mother obtained a temporary restraining order against father from the family law court. On April 4, mother told the social worker that her request for a permanent restraining order had been denied, but the family law court ordered no visitation for father until after a custody hearing scheduled for April 27. When father went to maternal grandmother’s home after the April 4 hearing and demanded to see