In re Mitchell P.

Filed 8/31/06 In re Mitchell P. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 Kern County. Robert Anspach, Judge.

Lawrence E. Fluharty, under appointment by the Court of Appeal, for Defendant and Appellant.

B. C. Barmann, Sr., County Counsel, and Jennifer E. Zahry, Deputy County Counsel, for Plaintiff and Respondent.

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The juvenile court sustained petitions with allegations pursuant to section 300, subdivisions (a) and (b) of the Welfare and Institutions Code^[1] as to Mitchell P., Jr., and L.P., and pursuant to section 300, subdivisions (b) and (i) as to Jasmine P. Mitchell P. (father) asserts there was insufficient evidence to support the section 300, subdivision (i) jurisdictional finding. He also contends there was insufficient evidence to support the dispositional order removing the children from his custody. Finally, father contends the juvenile court abused its discretion in ordering supervised visitation with his children. We disagree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On August 10, 2005, the Department of Human Services (Department) received a referral alleging physical abuse and general neglect of five-year-old Jasmine. Earlier that day, father, a staff sergeant in the military, called 911 to report an injury to Jasmine's arm that had occurred while she was home with her stepmother, Nicole. Paramedics from the military base where the family lived transported Jasmine to the hospital by ambulance.

Hospital X-rays showed a spiral fracture to Jasmine's right arm. There were a number of bruises on Jasmine's face, neck, nasal bridge, above her eyes, and on her back in various stages of healing. Further X-rays were taken, revealing a nondisplaced skull fracture of unknown age. As a result of the injuries, the Department placed Jasmine and her younger brother, one-year-old Mitchell, Jr., into protective custody. Two days later, the Department filed separate section 300 petitions to remove Jasmine and Mitchell, Jr. from their parents. The petitions both alleged that Jasmine and Mitchell, Jr. were at risk of serious physical harm as a result of father's failure to protect the children from injuries caused by Nicole. (§ 300, subd. (b).) The petitions alleged father did not believe Jasmine's injuries were inflicted, but were, instead, the result of accidents and injuries received while playing. Mitchell, Jr.'s petition also alleged that he was at risk of serious physical harm due to nonaccidental injuries inflicted on Jasmine by Nicole. (§ 300, subd. (a).) Jasmine's petition further alleged that she had been subjected to an act or acts of cruelty by a household member and that her father had failed to protect her from these acts, noting her broken arm, nondisplaced skull fracture, numerous bruises on her back, buttocks, arms, and face, and blisters on her fingertips.

The social study, prepared in anticipation of the August 15, 2005, detentional hearing, stated that an emergency room nurse who first saw Jasmine noticed â€