In re Kevin D.

Filed 1/18/07  In re Kevin D. CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            APPEAL from an order of the Superior Court of Los Angeles County, Marilyn Kading Martinez, Commissioner.  Affirmed as modified.

            Roni Keller, under appointment by the Court of Appeal, for Defendant and Appellant.

            Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Jacklyn K. Louie, Deputy County Counsel, for Plaintiff and Respondent.

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            Carolina G. appeals from the juvenile court's disposition order removing her 11-year-old son Kevin D. from her custody and permitting him to remain in the full-time custody of his father, Jesus D.  Carolina G. contends the court's findings were not supported by substantial evidence and, in addition, the court erred in refusing to consider evidence of Jesus D.'s history of domestic violence.  Carolina G. also asserts a portion of the court's disposition order prohibiting her from discussing religion, Satan or the Bible with Kevin or in his presence is overbroad.  We modify the order to remove that prohibition and, as modified, affirm the juvenile court's order.

FACTUAL AND PROCEDURAL BACKGROUND

            1.  The Petition and Detention Hearing

            On September 9, 2005 the Los Angeles County Department of Children and Family Services (Department) detained Kevin, removing him from the physical custody of Jesus D. and placing him with Carolina G.  On September 15, 2005 the Department filed a Welfare and Institutions Code section 300[1] petition alleging that Kevin, born in December 1995, is â€