In re T.H. CA2/5

CourtCalifornia Court of Appeal
DecidedOctober 30, 2020
DocketB304334
StatusUnpublished

This text of In re T.H. CA2/5 (In re T.H. CA2/5) 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 T.H. CA2/5, (Cal. Ct. App. 2020).

Opinion

Filed 10/30/20 In re T.H. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re T.H, a Person Coming Under B304334 the Juvenile Court Law. (Los Angeles County Super. Ct. No. 19CCJP06994B) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

G.H.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Marguerite D. Downing, Judge. Affirmed. Donna B. Kaiser, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the County Counsel, Mary C. Wickham, County Counsel, Kim Nemoy, Acting Assistant County Counsel, and Navid Nakhjavani, Principal Deputy County Counsel, for Plaintiff and Respondent. K.S. (Mother) lived with G.H. (Father) and their three- year-old daughter, T.H. Mother’s other daughter, ten-year-old Fatima, lived with her father, Saul. When Fatima was removed from Saul’s care, she disclosed Father had physically abused Mother. This allegation of domestic violence triggered a Los Angeles County Department of Children and Family Services (Department) investigation of T.H.’s welfare, one that ultimately led to the filing of a dependency petition sustained by the juvenile court. We are asked to decide whether the juvenile court correctly assumed jurisdiction over T.H., removed her from Father’s custody (placing her with Mother), and ordered Father to participate in a domestic violence and counseling programs.

I. BACKGROUND In October 2019, the Los Angeles County Sheriff’s Department executed a search warrant at the home of Mother’s former partner, Saul. The deputies found firearms, drugs, and drug paraphernalia. Because Fatima was present, a Department social worker was called in. Fatima, born in 2008, is the child of Mother and Saul. Mother and Saul separated when Fatima was about four years old, and Fatima lived with Saul. Fatima said she visited Mother “occasionally.” When the social worker asked Fatima where she would like to stay if she could not stay with Saul, Fatima said she would rather stay with an aunt than with Mother because Mother’s partner—i.e., Father—made her uncomfortable. Fatima told the social worker that Father was “always drinking beer” and telling her what to do. Mother would defend Fatima when conflicts with Father arose, but this caused Mother and Father to argue. Fatima reported that, on one occasion when Mother and Father were arguing in another room, Fatima heard a “thud” and someone trying to open the door. When the door opened, Mother emerged with a “busted lip” and was bleeding. Mother told Fatima she (Mother) hit herself with the door while

2 trying to open it. Fatima said she checked the door for blood or other marks and found none, so she “knew” Mother was lying. A Department social worker interviewed Mother and she said she understood Fatima was not comfortable around Father but she did not know why. Mother acknowledged she sometimes argued with Father, but she claimed the arguments never became physical. She specifically denied Father ever hit her causing an injury to her lip. Mother said she suspected influence from Saul’s family was the reason why Fatima was falsely reporting domestic violence. Mother also claimed T.H.’s father was not Father, but a man named Fernando. The Department filed a dependency petition alleging T.H. came within the jurisdiction of the juvenile court under Welfare and Institutions Code1 section 300, subdivision (a) (substantial risk of serious physical harm inflicted nonaccidentally by a child’s parent) and subdivision (b) (substantial risk of serious physical harm). The petition alleged Mother and Father engaged in a violent physical altercation in T.H.’s home (the episode in which Mother’s lip was injured) and Father’s violent conduct endangered T.H.’s physical health and safety.2 At an initial detention hearing, the juvenile court ordered T.H. released to Mother under the Department’s supervision. A few weeks after the detention hearing, Mother and Father informed the Department that Father in fact is T.H.’s biological father. Father also indicated, contrary to Mother’s earlier statement, that he lived with Mother and T.H. before the juvenile court ordered the parents to have no contact. Mother explained

1 Undesignated statutory references that follow are to the Welfare and Institutions Code. 2 The Department alleged Fatima came within the juvenile court’s jurisdiction on the same grounds and based on the conditions in Saul’s home. Allegations concerning Fatima are not at issue in this appeal.

3 she lied about T.H.’s paternity because she did not want to involve Father in the case and because she feared losing custody of T.H. Father said he denied paternity of T.H. because “he did not want to get involved in the matter” and he deferred to Mother’s decision not to disclose his identity as T.H.’s father. Mother continued to deny any violence had occurred between her and Father. In a follow-up interview with a Department social worker, Fatima described the domestic violence episode alleged in the dependency petition in more detail. She said it occurred about a year earlier, around November 2018. Fatima was in the living room watching television when Mother went into a bedroom. T.H., who was about two years old at the time, followed Mother. Fatima heard “angry whispering” and then a “thud.” Mother came out of the room with a bloody lower lip, which she cleaned with a paper towel and then tried to cover with a bandage. Mother told Fatima she hurt herself on the door, which was difficult to open because of “a water bump on the floor.” Fatima checked the floor, however, and found no bump. Fatima told the social worker she believed Father threw Mother against the door. Fatima also said she told a paternal aunt about the incident, but the appellate record is not clear as to when Fatima made that disclosure. In interviewing others, the Department learned Mother and Father’s past relationships had also involved physical violence. Saul told a Department social worker that Mother called the police about six years earlier when he threw a cup of water at her and pushed her to “get her off [him].” (Mother recalled “pushing and pulling” with Saul, but nothing else.) Fatima’s paternal aunt said Mother left a mark on Saul’s face during a fight. Father reported Mother told him Saul hurt her in the past, but Father did not know any details; Father believed Mother was “escaping from those problems” when she left Saul. As for Father, another of Fatima’s paternal aunts reported his

4 former partner told another family member that Father used to “push and shove” her. At the combined jurisdiction and disposition hearing, the juvenile court found dependency jurisdiction over T.H. was warranted. The court recognized Mother and Father denied domestic violence between them, but the court believed Mother was not credible, pointing to her conceded lie about T.H.’s parentage. The juvenile court ordered T.H. removed from Father because he was “in denial” about the incident Fatima witnessed and because there may have been other instances of domestic violence (since Fatima was not always in the house). The juvenile court placed T.H. with Mother under the Department’s supervision, with Father to have visits monitored by someone other than Mother. Father was ordered, over his objection, to participate in a 52-week certified batterer intervention program, parenting classes, and individual counseling.

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Bluebook (online)
In re T.H. CA2/5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-th-ca25-calctapp-2020.