In re N.D. CA2/3, B334119

In 2013, N.D.’s mother lost custody due to endangerment, and her father, Y.L., was awarded sole custody.
In September 2023, N.D., then 16, reported to authorities that her father struck her on the buttocks with a belt on two occasions, resulting in a large painful bruise.
The incidents involved physical punishment after N.D. had contact with boys, which her father forbade; N.D. claimed such discipline was common, but only these incidents were notable.
Medical evaluation confirmed a hip contusion consistent with N.D.'s account, and DCFS filed a dependency petition under Welfare and Institutions Code § 300.
At adjudication, the juvenile court found the father’s discipline unreasonable in kind and degree, noting bruising, derogatory language, use of alcohol, and N.D.'s fear.
The court declared N.D. a dependent, released her to her father with family maintenance services, and Y.L. appealed the jurisdictional findings and orders.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether father’s physical discipline resulted in serious physical harm to N.D.	Discipline was excessive, unreasonable, and caused significant injury	Only used belt for discipline, causing minor harm; discipline was reasonable	Substantial evidence supported finding of serious physical harm
Whether there was a substantial risk of future harm to N.D.	Father’s prior conduct and lack of insight created future risk	Father enrolled in services, promised not to use belt again; N.D. felt safe	Prior conduct and attitude demonstrated ongoing risk
Whether the court properly applied and considered the parental right to reasonable discipline	Father's actions exceeded the scope of reasonable discipline	Discipline was genuinely intended and within parental rights	Father's actions were excessive and not reasonable or age-appropriate
Whether improper factors were considered by the court (alcohol use, derogatory language, child’s fear)	All factors relevant to reasonableness of discipline	Such factors irrelevant, and not indicative of abuse	Each factor was relevant to determining excessiveness and risk

In re D.M., 242 Cal.App.4th 634 (Cal. Ct. App. 2015) (clarifies scope of parental right to discipline and standards for reasonableness)
In re I.C., 4 Cal.5th 869 (Cal. 2018) (standard for review of jurisdictional findings in dependency proceedings)
In re R.T., 3 Cal.5th 622 (Cal. 2017) (appellate standard of review for sufficiency of evidence in juvenile proceedings)
In re Jasmon O., 8 Cal.4th 398 (Cal. 1994) (court may assess risk of future harm by considering past parental conduct)
In re Mariah T., 159 Cal.App.4th 428 (Cal. Ct. App. 2008) (physical discipline with resulting severe bruising supports finding of serious harm)