In re Carla V.

Filed 5/8/06 In re Carla V. CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

APPEAL from an order of the Superior Court of Los Angeles County, Jacqueline Lewis, Judge. Affirmed.

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

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Liana Serobian, Associate County Counsel, for Plaintiff and Respondent.

INTRODUCTION

Karen V. appeals from the order of the juvenile court finding that the return of 11-year-old Carla V. to the physical custody of her mother Karen would create a substantial risk of detriment to Carla's emotional well-being. (Welf. & Inst. Code, § 366.21, subd. (f).)[1] We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Pomona Police Department responded to a call alleging that 10-year-old Carla was being sexually abused by her mother's live-in boyfriend, Kenneth R. The police detained Carla and alerted the Department of Children and Family Services (the Department). Karen was charged with child endangerment and Kenneth was charged with sex crimes on a child under the age of 14.

According to the Department's detention report, Carla had told her mother about each incident of abuse but Karen insisted that Carla was lying and failed to confront Kenneth. Carla reported that she was afraid to go home. The juvenile court placed Carla with her maternal uncle, Richard V.

Carla told the Department in advance of the jurisdiction hearing that she lived with Karen and Karen's sister, Mary H. Kenneth moved into the house around Christmas 2003. Soon, Kenneth began coming into Carla's bedroom â€