In re James B.

Filed 7/18/06 In re James B. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

APPEAL from a judgment of the Superior Court of Madera County. Nancy Staggs, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)

Leslie A. Barrie, under appointment by the Court of Appeal, for Defendant and Appellant.

David A. Prentice, County Counsel, Miranda Neal and David L. Herman, Deputy County Counsel, for Plaintiff and Respondent.

-ooOoo-

The trial court declared James B., Rebecca B., and Jacob B. dependents of the juvenile court. Mother, Annie B., filed a timely appeal on November 7, 2005. Father, Patrick B., challenged the orders in a separate appeal (F049315). In this appeal, mother challenges the court's jurisdiction and disposition orders, claiming substantial evidence does not exist to support the court's findings. We affirm.

FACTS AND PROCEEDINGS

Mother and father lived together with their three children in a two-bedroom apartment. On July 2, 2005, police arrested father for physical abuse of his eight-year-old daughter, Rebecca. Father admitted he hit Rebecca with a large decorative wooden spoon (comparable in size to a paddle or small shovel) for her failure to watch her three-year-old sibling, Jacob. The wooden spoon has an approximate length of three feet. In the police photograph of father, a six-foot, two-inch-tall male, holding the spoon, the spoon's bowl appears as large as a human head. Rebecca sustained redness behind both of her knees along with slight bruising and swelling behind her left knee. The social worker observed the bruises as clear across her legs in a diagonal setting.

Father had asked Rebecca to watch Jacob since father had to make dinner and Jacob wanted to play in the front yard. At the disposition hearing, father testified he could not see Jacob from the kitchen. Father saw only Jacob playing in a fairly busy street when he went to the front door. Father placed Jacob inside and found Rebecca. After talking with her, father hit Rebecca with the spoon across the back of her knees. He then sat her on her bed. Meanwhile, mother slept in another room suffering from a migraine headache and unaware of what had taken place, though mother related Rebecca had the responsibility to watch Jacob while she slept and father made dinner. When asked by police, father admitted he hit Rebecca with the spoon, and realized his mistake. Father also admitted he now sees his error in giving Rebecca the job of watching Jacob alone. Though father told police he hit Rebecca twice with the spoon, he later testified he only hit her once. However, Rebecca stated father hits her â€