Sarah C. v. Sup. Ct.

Filed 2/22/07  Sarah C. v. Sup. Ct. CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b).  This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

            ORIGINAL PROCEEDINGS in mandate.  Zeke Zeidler, Judge.  Petition denied.

            Timothy Martella for Petitioner.

            No appearance for Respondent.

            Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel and Tracey F. Dodds, Principal Deputy County Counsel for Real Party in Interest Los Angeles County Department of Children and Family Services.

            Children's Law Center of Los Angeles and Craig Liu for Minor.

_____________________________

            By petition for writ of mandate, mother Sarah C. challenges the juvenile court order adjudicating her sons, Joel and Samuel C., dependent children, denying reunification services, and setting a permanency planning hearing.  We deny the requested relief.

FACTUAL AND PROCEDURAL SUMMARY

            Sarah (mother) and Jorge (father) are the parents of Joel, born in July 2005 and Samuel, born in May 2004.  They lived with father's family on a property with a front house and a back house.  On the night of August 26, 2006, father came home drunk and began arguing with mother in the back house.  Mother took the children with her to the front house because she did not want to be alone.  She put the children to sleep on the sofa.  Father came to the front house, and appeared to be under the influence of drugs.  Mother did not want to open the door because she knew he was drunk and using drugs and she was afraid.  Eventually, she let him in and he continued to argue with her.  Afraid he was going to hit her, she ran to the back house, locked the door, and locked herself in the bathroom.  The children were left in the front house, with father.

            Soon after, father carried Joel to the back house.  The child was bruised, bleeding, and crying.  Mother called the police, and Joel was taken to a hospital.  He had bruises on his neck and forehead, bruises and lacerations in his mouth, and a fractured forearm.  The treating doctors concluded the injuries were indicative of abuse. 

            Mother described a history of domestic violence to the social worker from the Department of Children and Family Services (Department).  There also was a prior case, in Orange County, with substantiated allegations of neglect due to domestic violence.  The Department detained the children and filed a petition pursuant to Welfare and Institutions Code section 300 (all statutory references are to this code) to declare the children dependents, based on the physical abuse of Joel and the risk of physical harm to Samuel. 

            The court sustained the petition under section 300, subdivisions (a), (b), (e), (i) and (j), and denied reunification services pursuant to section 361.5, subdivisions (b)(5) and (b)(6).  Mother challenges the order by petition for writ of mandate.  (Father is not a party to this proceeding.)

DISCUSSION

I

            Mother claims there was insufficient evidence to support dependency jurisdiction under section 300, subdivisions (e) and (i).  A child may be declared a dependent under section 300, subdivision (e) if â€