In re Jesus G.

Filed 1/16/07  In re Jesus G. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 a judgment of the Superior Court of Los Angeles County,

Irwin H. Garfinkel, Juvenile Court Referee.  Affirmed.

            Judy Weissberg-Ortiz, under appointment by the Court of Appeal, for Defendant and Appellant.

            Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, O. Raquel Ramirez, Deputy County Counsel, for Plaintiff and Respondent.

_________________________

            Daniel G. (father) appeals a dispositional order dated May 24, 2006, entered with respect to four-month-old Vanessa, one-year-old Vivian and three-year-old Jesus.  Father contends the evidence was insufficient to support the allegations of the dependency petition or the juvenile court's order removing the children from father's care and custody. 

            We reject father's claims and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

            1.  Detention of the children.

            On the January 23, 2006, Children's Social Worker (CSW) Raquel Casillas investigated a referral alleging severe neglect of Vanessa, who had been admitted to Long Beach Miller Hospital with swelling to the right side of her scalp.  Although the injury appeared to have been caused by trauma, mother had not provided any explanation.  The minor was in stable condition with no other signs of abuse or neglect.  A bone survey and a retinal exam had been ordered and hospital staff was waiting for a pediatric radiologist to read Vanessa's X-ray. 

            Mother told the CSW she and father had been married since 2001 and that she, father and their three children shared a one bedroom apartment.  Mother indicated that on Saturday, January 21, 2006, at approximately 5:00 p.m., the family went to Home Depot.  At the store Vanessa was awake and mother noticed nothing unusual.  When they returned home at approximately 6:00 p.m., the child was asleep.  Mother covered the child with a blanket, took her into the apartment, laid her on a top bunk bed and put pillows around her to prevent her from falling.  Mother and father went to the kitchen to make dinner.  Vivian and Jesus were playing in the apartment.  Mother would have heard Vanessa cry from the kitchen and mother checked the child every half hour.  At approximately 8:00  p.m., mother noticed the right side of the child's face was swollen.  Mother gave the child a warm bath and put a salt water compress on her face.  The child ate and behaved normally and did not cry or act in a way that showed she was in pain.  Mother gave the child Tylenol for swelling.  The child drank a bottle and went back to sleep. 

            The next morning, the child's face remained swollen and the parents took the child to the hospital at 10:00 a.m.  Mother denied knowing how the child's face became swollen, denied injuring the child and denied witnessing the child fall or having any knowledge the child had fallen.  Mother also denied leaving the child unsupervised at any time.  Mother indicated she is the children's primary caregiver and no other person or family member had contact with the children during the week.  Mother denied using corporal punishment and stated father is patient and is not overly strict.  Vanessa sleeps in a bassinet during the night.  During the day, mother either places Vanessa in a baby bouncer or on the top bunk â€