In re J.W. CA4/2

California Court of Appeal·Decided November 16, 2015·No. E062802·Unpublished

Opinion

Filed 11/16/15 In re J.W. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re J.W. et al., Persons Coming Under the Juvenile Court Law.

SAN BERNARDINO COUNTY CHILDREN AND FAMILY SERVICES, E062802

Plaintiff and Respondent, (Super.Ct.Nos. J256470 & J256471)

v. OPINION

B.W. et al.,

Defendants and Respondents;

J.W. et al.,

Appellants.

APPEAL from the Superior Court of San Bernardino County. Christopher B.

Marshall, Judge. Affirmed.

Linda Rehm, under appointment by the Court of Appeal, for Appellants.

Jean-Rene Basle, County Counsel and Jamila Bayati, Deputy County Counsel, for

Plaintiff and Respondent.

1 Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and

Respondent B.W.

No appearance for Defendant and Respondent C.H.

No appearance for Defendant and Respondent T.J.

San Bernardino County Children and Family Services (CFS) removed C.H.

(daughter) and J.W. (son) from the custody of B.W. (mother), when they were 12 and 8

years old, respectively. The juvenile court determined it had jurisdiction over their

placement because the children are at risk of severe physical harm due to abuse by their

mother and her inability to provide adequate supervision and protection. (Welf. & Inst.

Code,1 § 300, subds. (a) & (b).)2 The juvenile court also determined reunification

services were not required because of the nature of their prior removal and the prior

removal of their brother. (§ 361.5, subd. (b)(3) & (10).) The court nevertheless ordered

reunification services on the basis of its finding, by clear and convincing evidence, that

reunification was in the best interest of the children. (§ 361.5, subd. (c).)

Son and daughter challenge the sufficiency of the evidence to support the juvenile

court’s finding that reunification is in their best interest. CFS submitted a letter brief

joining and adopting the brief submitted on behalf of the minors. (Cal. Rules of Court,

1 Further unlabeled statutory references are to the Welfare and Institutions Code. 2 The juvenile court also determined it had jurisdiction based on the fathers’ inability or unwillingness to provide adequate care. (§ 300, subd. (g).)

2 rule 8.200 (a)(5).) We hold the juvenile court did not abuse its discretion because the

evidence is sufficient to support its finding. Accordingly, we affirm the judgment.

I

FACTUAL BACKGROUND

On December 19, 2012, daughter, son, and their baby brother were removed from

the custody of their mother after the baby, then less than five months old, suffered severe

non-accidental trauma, with injuries including broken bones, retinal damage, and

subdural hematoma. Initially, the authorities accused mother and her then-boyfriend,

T.P. (boyfriend), of injuring the baby, but mother was exonerated of responsibility for the

baby’s injuries. She testified she does not know who hurt the baby, but she indicated

either her daughter or her boyfriend could be responsible. Eventually, the daughter

admitted to causing the baby’s injuries. However, months later she recanted and said she

did not know who had injured her baby brother. The juvenile court placed all three

children in foster care and ordered the mother to participate in reunification services.

On August 20, 2013, the juvenile court returned the daughter and son to the

custody of their mother. On February 26, 2014, the juvenile court returned their baby

brother to her custody and dismissed the daughter and son as dependents. At that time,

the juvenile court ordered mother not to leave the children unsupervised with her

boyfriend or allow him to provide care for the children. Mother also accepted a safety

plan for the baby requiring that she not leave him in the care of his siblings.

Mother violated those conditions. According to the social worker who testified at

trial, mother admitted she had left her daughter with the baby to take her son to school on

3 a few occasions when “[the baby] may be asleep, so she wouldn’t have to take him out in

cold weather or incidents such as that.” Mother testified this occurred on only two or

three occasions. Daughter told social workers that, between February and July 2014,

mother allowed her boyfriend to visit her family’s home on several occasions and

allowed daughter to visit the boyfriend’s home three times. Mother denies any such

visits occurred. Mother admits she took her son and baby to the boyfriend’s apartment on

July 1, 2014, and that she left them alone with the boyfriend while she took a nap.

The visit to the boyfriend’s apartment precipitated this removal action. According

to a July 1, 2014 police report, mother, son, and baby went to the boyfriend’s home for a

barbeque. Mother testified she visited only to pick up her possessions and the boyfriend

invited them to stay for a meal after they arrived. In any event, while at the boyfriend’s

home, mother had a couple of alcoholic drinks and became tired. She went to the

bedroom to take a nap and left the baby asleep on the couch and her son and boyfriend

playing video games. Sometime later, the baby began to cry. Mother and her son

reported that her boyfriend became upset, went into the bedroom, and started yelling at

her to take her baby and leave his apartment. Mother and her son claimed that, in the

presence of the children, the boyfriend pushed the mother down and then dragged her by

her hair out of the apartment. The boyfriend described the altercation differently. He

claimed he woke mother to take care of the baby, but she got upset at him and began

making a mess of his apartment. Mother denied these allegations. According to the

police report, son held the baby during the altercation and got him out of the apartment.

Mother suffered a cut during the altercation. Son and the baby were hit by a thrown

4 water bottle, and the baby suffered a bruise on his head. Mother called the police, who

arrested the boyfriend on a charge of domestic abuse (Pen. Code, § 273.5, subds. (a) &

(b)).

Mother subsequently sought to end all contact with the boyfriend. At first, she

obtained a criminal restraining order against him. In September, she obtained a family

court restraining order that protected both herself and her children. At the time of the

hearing in this case, she had not seen the boyfriend outside of court since the events of

July 1, 2014 and was attending a domestic violence support group once a week. She also

began counseling in July 2014, after the domestic violence incident. Mother later

expressed remorse for violating the juvenile court order against allowing contact between

the boyfriend and her children and said she would not do so again.

After CFS learned of this incident, it removed the children from mother’s custody

and filed new dependency petitions for the daughter and son under Welfare and

Institutions Code section 300, subdivisions (a), (b), (c), and (g). CFS alleged mother

physically abused the children, failed to protect them from her boyfriend, had a history of

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