Jennifer P. v Superior Court
Filed 9/8/06 Jennifer P. v Superior Court CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 EIGHT
| JENNIFER P. et al., Petitioners, v. THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, Respondent; LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, et al., Real Parties in Interest. | B191540 (Super. Ct. No. CK61622) |
ORIGINAL PROCEEDINGS. Petitions for extraordinary writ. (Cal. Rules of Court, rule 38.1). Jacqueline Lewis, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Petitions denied.
Kenneth A. Krekorian for Petitioner Jennifer P.
Adam S. Reed for Petitioner Roman H.
No appearance for Respondent.
Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Jerry M. Custis, Principal Deputy County Counsel, for Real Party in Interest.
Children's Law Center of Los Angeles, Jenny Cheung and Kirk McDonald for the Child.
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INTRODUCTION
Petitioners Jennifer P. (mother) and Roman H. (father) are the parents of Serena H., who was born in June 2003, and is a dependent of the juvenile court. Under California Rules of Court, rule 38.1, mother and father each filed a petition for extraordinary relief seeking review of the juvenile court's May 2006 jurisdiction and disposition rulings. The latter ruling ordered no child welfare services and set a permanency planning hearing under Welfare and Institutions Code section 366.26.[1] We conclude the juvenile court did not err and substantial evidence supports its rulings. Accordingly, we deny the petitions.
PROCEDURAL BACKGROUND AND FACTS
Mother and father, as well as real party in interest Los Angeles County Department of Children and Family Services (DCFS), set out the complete history of the juvenile court proceedings, which does not require repetition except when necessary to address the claims for extraordinary relief.
This case began with two referrals for general neglect during October 2005 concerning Serena and her younger brother Ivan (born August 28, 2005). Ivan was taken to the hospital because he had a high temperature and diarrhea, and had gained little weight since birth. Serena was later taken to the hospital for second-degree burns from hot water to her chin, knee, and arm. Mother gave at least two different versions of how Serena sustained her burns. Additionally, mother and father did not obtain medical care for Serena for two days. At the behest of DCFS, the parents signed a voluntary family maintenance agreement on November 15, 2005. However, they failed to take any steps called for in the agreement.
Ivan was pronounced dead at a hospital on November 28, 2005, after being taken there from the home of the paternal grandmother, Maria D. Mother, father and the two children were living with the grandmother at the time, and Ivan was in the parents' care and custody. Ivan was found to have blood in his diaper, anal tears, blisters on his penis, lacerations and abrasions on his chin, and blood under his fingernails. More importantly, it was discovered Ivan had fractures of his ribs at different times. The doctor who pronounced Ivan dead at the hospital believed Ivan had been sodomized.
After an autopsy, the coroner's office said the cause of Ivan's death was â€
