In re Christina K.

Filed 1/31/07  In re Christina K. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of Riverside County.  Becky Dugan, Judge.  Affirmed.

            Donald K., in pro. per.; Monica Vogelmann, under appointment by the Court of Appeal, for Defendant and Appellant.

            No appearance for Plaintiff and Respondent.

            No appearance for Minors.

            I.  INTRODUCTION

            Donald K. (father) appeals from the finding of the juvenile court that his daughters Christina K. (born in July 1992), Valerie K. (born in February 1994), and Melanie K. (born in November 1995) (collectively referred to as minors) came under the jurisdiction of the juvenile court under Welfare and Institutions Code section 300, ^[1] subdivisions (a), (b), and (c).  Father's appointed counsel filed a brief under the authority of In re Sade C. (1996) 13 Cal.4th 952, People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case and facts, and asking this court to undertake an independent review of the entire record.

We provided father with an opportunity to file a personal supplemental brief.  Father filed a personal supplemental brief in which he contends the juvenile court erred in acquiring jurisdiction of minors solely upon the basis of uncorroborated hearsay evidence and in issuing various orders.  We find no error, and we affirm.

II.  FACTS AND PROCEDURAL BACKGROUND

            On March 15, 2006, the Riverside County Department of Public Social Services (Department) filed a petition alleging that minors came within section 300, subdivision (a), (b), and (c).^[2]  The petition alleged that minors were at risk of physical harm from father because he carried a loaded gun around the house, and he had threatened mother^[3] and the minors with the gun by putting the gun to mother's head and uttering threats to blow her head off.  The petition further alleged that father called mother and minors demeaning and vulgar names; physically abused mother in the presence of minors, including giving mother a black eye; excessively used alcohol; and had a criminal history of driving under the influence.  Although mother had obtained a restraining order against father, she had failed to enforce it.

            In the detention report, the social worker stated that she had interviewed minors on February 10, 2006.  All three minors reported that father was an alcoholic who drank daily and was physically abusive to mother and minors.

Christina stated that on January 25, 2006, father had been drinking and had attempted to punch her before mother had intervened and stopped him.  Christina and Valerie had seen mother with a black eye after one of parents' fights.  Father called minors vulgar names and had once picked up Christina by the neck and pinned her against the wall.  He had held a gun to her and to mother's heads and had threatened their lives.  He had also admonished Christina not to tell anything to anyone in uniform or to â€