In re Angel D. CA2/2

CourtCalifornia Court of Appeal
DecidedMarch 3, 2023
DocketB317501
StatusUnpublished

This text of In re Angel D. CA2/2 (In re Angel D. CA2/2) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Angel D. CA2/2, (Cal. Ct. App. 2023).

Opinion

Filed 3/3/23 In re Angel D. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re ANGEL D., A Person B317501 Coming Under the Juvenile Court (Los Angeles County Law. Super. Ct. No. 21CCJP04233A)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

Y.C. et al.,

Defendants and Appellants.

APPEALS from findings and orders of the Superior Court of Los Angeles County, Stacy Wiese, Judge. Affirmed. Michelle L. Jarvis, under appointment by the Court of Appeal, for Defendant and Appellant Y.C.

Cristina Gabrielidis, under appointment by the Court of Appeal, for Defendant and Appellant A.D.

Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Brian Mahler, Deputy County Counsel, for Plaintiff and Respondent.

______________________________

Defendants and appellants Y.C. (mother) and A.D. (father) each appeal from the juvenile court’s November 18, 2021, jurisdictional findings and dispositional orders in which their son, Angel D. (minor, born Feb. 2012), was declared a dependent of the court and removed from parental custody. Because the findings and orders are supported by substantial evidence, we affirm. BACKGROUND I. The Family The family consists of mother, father, and minor. When these dependency proceedings commenced, the parents’ relationship had been over for several years. Mother began dating Arturo V. (Arturo) in 2015. Father began dating Ruby M. (Ruby) around 2017.

2 II. Referral On August 20, 2021, the Los Angeles County Department of Children and Family Services (DCFS) received a referral alleging general neglect of minor by mother. According to the referral, mother dropped minor off at the paternal grandfather’s house on August 12, 2021, and asked him to watch minor for a few days. Father picked minor up that day and had been caring for him since. Father found videos on minor’s phone in which minor had writing on his arms and was throwing gang signs, and there was a bandana and a gun on the bed. III. DCFS’s Initial Investigation In response to the referral, a DCFS social worker interviewed the family. A. Father While waiting for father outside of his apartment complex, the social worker heard a man and a woman screaming from the direction of father’s apartment. The screaming stopped when the social worker called father to announce her arrival. The screaming resumed when the call ended. When father came outside to greet the social worker, the social worker “observed fresh scratch marks” on father’s neck, forearms, and forehead. Father’s shirt was stretched out, and “he was panting as if he [had been] exercising or yelling.” Father stated that a 2015 family law order granted mother full custody of minor with weekend visitation for father. Mother, however, would refuse to let father see minor. Last year, mother had called father to pick up minor “because she could not handle his behavior anymore.” Father showed the social worker a September 2020 notarized letter from mother stating that she was giving father full custody of minor. Father reported that,

3 two weeks after mother signed the letter, she picked up minor. Father did not see minor again until his birthday and then not again until the previous week. Regarding the videos he found on minor’s phone, father reported that minor appeared to be holding machine and hand guns. Minor had told father that the guns belonged to mother’s boyfriend, Arturo. Minor had recently disclosed that Arturo hit him on his stomach. Minor told his mother about the abuse, but she did not believe him. Father reported that he had an open domestic violence case from 2016 with a former partner, in which he was listed as the perpetrator. He had recently completed a 52-week domestic violence program. Father denied any domestic violence with Ruby. B. Minor Minor stated that he and mother would sometimes live with Arturo. While minor slept, Arturo would cover minor’s mouth to prevent him from making noise and then punch him hard in the stomach. This would leave minor with marks and in pain for days. Minor reported this abuse to mother, but she thought he was making it up. One night, mother caught Arturo abusing minor. She brandished a knife and cut Arturo’s stomach. Arturo called the police, who arrested mother. Minor further reported that, on more than 10 occasions, Arturo would force minor to defecate and then ingest his own feces. According to minor, mother did not know about this form of abuse. Minor reported recent contact with Arturo, but he was unsure when it was. Minor stated that mother and Arturo frequently fought, and mother sometimes drove drunk with minor after such fights occurred.

4 Minor also reported domestic violence between father and Ruby. They would fight every day, multiple times per day, and the fights would become physical. Father and Ruby had been arguing earlier that day. C. Mother The social worker spoke with mother the day after she interviewed father and minor. Mother stated that she did not want minor seeing father because he was a “gangster[.]” She denied knowing about the videos that showed minor displaying gang signs and with firearms. Mother said it had been “over three years” since she was last with Arturo. Mother accused father of “brainwashing [minor] with information that is not true.” She denied ever stabbing Arturo. Mother was concerned about minor’s physical safety because he had been witnessing physical fights between father and Ruby on a daily basis. Mother said that Ruby was “embarrassing” her on social media by calling her names and posting pictures of her. Mother stated that she would “‘handle it by fighting [Ruby].’” IV. Detention On September 2, 2021, DCFS sought and obtained an order authorizing the detention of minor from mother and father. Minor was detained the next day and placed in foster care. V. Dependency Petition A few days after minor was detained, DCFS filed a dependency petition seeking the juvenile court’s exercise of jurisdiction over minor pursuant to Welfare and Institutions

5 Code section 300, subdivisions (a) (nonaccidental serious physical harm) and (b)(1) (failure to protect).1 Counts a-1 and b-2 alleged that mother and Arturo had a history of engaging in violent altercations in minor’s presence, including an incident when mother brandished a knife and cut Arturo’s stomach. Count b-1 alleged that Arturo physically abused minor by forcing minor to defecate and then eat his own feces. Arturo had also hit minor’s stomach. Mother knew that Arturo had struck minor but failed to protect him by allowing Arturo unlimited access. Count b-3 alleged that father and Ruby had a history of engaging in violent altercations in minor’s presence. Father failed to protect minor by allowing Ruby to reside in minor’s home and have unlimited access to minor. Finally, count b-4 alleged that mother placed minor in detrimental and endangering situations by allowing minor to possess rifles and handguns and driving minor while under the influence of alcohol. VI. Last Minute Information for the Court (Sept. 10, 2021) Father had spoken with minor while he was in foster care.

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Bluebook (online)
In re Angel D. CA2/2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-angel-d-ca22-calctapp-2023.