Filed 10/18/18 In re Z.F. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

Appeal from orders of the Superior Court of Orange County, Gary L. Moorhead, Judge. Affirmed.

Law Offices of Marissa Coffey and Marissa Coffey, under appointment by the Court of Appeal, for Defendant and Appellant.

Leon J. Page, County Counsel, Karen L. Christensen and Robert N. Ervais, Deputy County Counsel, for Plaintiff and Respondent.

No appearance for the Minors.

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Appellant contends the juvenile court erred in making its jurisdiction and disposition orders. Finding no error, we affirm the orders.

I

FACTS

N.F. is 11 years old and Z.F. is 13 years old. An allegation of physical abuse inflicted on N.F. by the children’s father, Joseph F., was substantiated. The children’s mother, A.F., lives in Florida. Z.F. told a social worker she had not seen her mother in six years. Z.F. has Type 1 diabetes and Celiac disease.

N.F. described what happened to a social worker from the Orange County Social Services Agency (SSA): “The child reported that on Tuesday or Wednesday of the prior week (3/20/18 or 3/21/18) his father became angry with him after waking him up for school. The child reported his father found some friendship bracelets on the bathroom floor near the plunger and believed the child was hiding them. The child stated that he had been in trouble in the past for hiding food in his room so his father does not trust him. The child stated the father called him into the bathroom and began yelling at him. The child reported that the father grabbed him by the hair to pull his head down and then punched him in the chest. The child stated that he didn’t really feel any pain at the time because he was more scared and sad. The child reported that the issue was never resolved and the father was never made aware that the child did not hide the bracelets but that they just must have fallen off the counter. The child reported that there was still a bruise on his chest and lifted his shirt to reveal a quarter sized bruise . . . .”

The social worker also spoke with Z.F.: “The child reported that things have been going better with her father since that last incident in November 2017. The child reported that the father has smacked her face since then but he did not leave any marks. The child reported that currently her brother is on ‘groundation’ which means he sits on the floor between the back of the couch and the wall. The child explained that he is not allowed to speak to anyone or do anything except for homework. The child reported that her brother has to sit behind the couch from morning until night every day and has been on groundation for the past 2 and a half weeks. The child reported that the father has not yet given her brother an end date. [¶] The child was asked about an incident between her brother and father the week prior. The child reported that she did not see anything as she was getting ready for school but that she heard her father yelling at her brother in the bathroom. The child reported that she did not know what was happening but that when her brother left the bathroom he was crying and ‘wheezing.’”

The child abuse registry shows six prior allegations of physical abuse of the children and their half sibling by the father. One report describes an incident when the mother was pregnant with N.F.: “The report indicated there were incidents of domestic violence between the parents on more than one occasion, while in the presence of the children. Further, Orange County Sheriff’s responded to the home and found the mother had left suicidal remarks on the father’s cellular phone. The mother was pregnant at the time with the child, [N.F.,] and was taken to the hospital due to pregnancy complications. Law enforcement placed the mother on a 5150 hold due to concerns regarding the mother’s suicidal comments. The mother reported a history of suicidal thoughts although she denied ever being diagnosed with a mental health condition. The mother also reported a history of medication to address her mental health issues . . . .” Also, on an occasion when N.F. was in trouble at school for forging his father’s signature on a permission slip, and was informed his father would be notified about the issue, N.F. began crying, stating: “‘He’ll choke me and he’ll hit me.’” It was further reported that the father would send N.F. to bed without his supper at times.

On April 3, 2018, the juvenile court found there is a substantial danger to the physical health of the children if they are not removed from the father’s custody.

At some point thereafter, SSA made contact with the mother. Mother said she was not aware that the father was abusing the children. The social worker noted, however, that “the parents have a history of domestic violence in their relationship including the father breaking the mother’s nose on one occasion.” The mother told the social worker, “‘I moved when he broke my nose. That was it for me.’” During their conversation, the mother related why she did not have the children with her. She explained “she was going to take the father to court, but she did not have money or the resources to obtain a lawyer to fight him for the children. The mother suggested it was not her choice for the children to live with their father,” and that the father cut off her contact with the children.

Z.F. did make contact with her mother on her 13th birthday on social media. Z.F. told the mother that the father had given her a black eye and that she was afraid of him. Z.F. said the father was isolating her and N.F. from friends and family.

The petition alleged the father was physically abusive. It also alleged the mother failed to protect the children. On May 22, 2018, the juvenile court found the allegations true, and the children were declared dependents of the juvenile court. The children were ordered removed from parental custody.

On appeal, the mother contends the juvenile court erred. She asks this court to reverse both the jurisdictional and disposition orders.

II

DISCUSSION

A child is within the jurisdiction of the juvenile court if he or she “has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child.” (Welf. & Inst. Code, § 300, subd. (b); all further undesignated statutory references are to this code.) “[A] parent’s failure to supervise or protect a minor [need not] always amount to neglect to satisfy section 300 (b)(1). [Citation.] . . . By its terms, the first clause requires no more than the parent’s ‘failure or inability . . . to adequately supervise or protect the child.’” (In re R.T. (2017) 3 Cal.5th 622, 629.) A juvenile court’s jurisdictional findings are reviewed for substantial evidence. (In re Joaquin C. (2017) 15 Cal.App.5th 537, 560.)

The juvenile court can remove a child from a parent’s custody upon clear and convincing evidence of a substantial danger to the child’s well-being if returned home, and if no reasonable means exist to protect the child. (§ 361, subd. (c)(1).) “At the disposition hearing, a child may not be removed from the custody of the parent(s) with whom he or she resided at the time the petition was initiated unless the court finds, by clear and convincing evidence, at least one of the matters set out in subdivision (b) of section 361, which includes the finding made by the trial court in this case.” (In re Heather A. (1996) 52 Cal.App.4th 183, 193, abrogated by In re R.J. (2017) 3 Cal.5th 622, 628.)

At the hearing, the juvenile court stated: “The court finds by clear and convincing evidence that section 361(c)(1) applies, and to vest custody with the parents would be detrimental to the children, and to vest custody with the director is required to serve in the children’s best interests.”

Here, there is evidence the mother knew the father was violent. There was even violence between the mother and the father in the presence of the children. Yet she left the children in his custody for six years without protecting them. Further, Z.F. told the mother about current physical and emotional abuse, but there is no evidence the mother took any action to protect the children. Additionally, there is evidence the mother lied to the social worker when she said she did not know the father was abusing the children. Under the circumstances we find in this record, we conclude substantial evidence supports the juvenile court’s jurisdiction and disposition orders.

III

DISPOSITION

The orders of the juvenile court are affirmed.

MOORE, ACTING P. J.

WE CONCUR:

FYBEL, J.

IKOLA, J.