In re A.F. CA3

Filed 8/21/23 In re A.F. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

In re A.F. et al., Persons Coming Under C096886 the Juvenile Court Law.

SAN JOAQUIN COUNTY HUMAN (Super. Ct. No. SERVICES AGENCY, STKJDDP20220000095)

Plaintiff and Respondent,

v.

C. G.,

Defendant and Appellant.

C.G., mother of the minors A.F. and A.P., appeals from the juvenile court’s disposition order removing the minors from her custody and placing the minors outside the home. (Welf. & Inst. Code, §§ 300, 395) She contends there was insufficient evidence to support the removal order. Finding no merit in mother’s contention, we affirm.

1

BACKGROUND I Initial Dependency Proceedings On March 7, 2022, the reporting party reported that A.F. (then age five years; the older minor) disclosed that her father hit her with a belt, struck mother in the eye, and pulled mother’s hair. The older minor was scared and hid under a blanket with A.P. (then age one year; the younger minor). On March 3, 2022, a social worker interviewed the older minor who disclosed that law enforcement was often called to the home. The older minor gave conflicting statements initially but after the social worker reminded her about the importance of telling the truth, she stated that father hits mother “ ‘all the time.’ ” She was afraid of her father because “he hits her with a belt every day.” The school disclosed that the older minor was frequently returned to the school, because no one was at the bus stop to take her home, and she was absent or late for school dozens of times. The school principal stated that a restraining order was not located in the older minor’s file, but mother had called the school at the beginning of the school year to tell staff not to provide father any information regarding the older minor. The principal reported that the manager of a trailer park where the family lived made numerous reports to the school about the ongoing issues with domestic violence, including an incident where mother was on the hood of a car, while the older minor locked herself and the younger minor in their trailer, until a neighbor retrieved the minors and took them into their trailer. Mother told the social worker that father did not live with her and that she had a criminal protective order against him that allowed for peaceful contact to exchange the minors. The social worker saw two shattered windows on the front passenger side of the family’s trailer, a window with glass falling out, and a disorganized and dirty trailer. Mother denied that the older minor locked herself in the trailer and said that during an