In re M.V. CA4/2

Aug 4, 2022
E078469

APPEAL from the Superior Court of San Bernardino County. Steven A. Mapes, Judge. Affirmed.

Joseph T. Tavano, under appointment by the Court of Appeal, for Defendant and Appellant.

Tom Bunton, County Counsel, David Guardado, Deputy County Counsel for Plaintiff and Respondent.

At a jurisdiction hearing, the juvenile court found defendant and appellant J.V. (Father) places his daughter, M.V. (born Nov. 2015; Minor), at risk of serious physical harm due to his drug abuse and domestic violence (Welf. & Inst. Code, § 300, subd. (b)(1))1; that he places Minor at risk of serious emotional damage due to sexual abuse (§ 300, subd. (c)); and that he had committed sexual abuse (§ 300, subd. (d)). At the disposition hearing, the juvenile court ordered Minor removed from Father‘s physical custody, denied Father reunification services, and denied Father visitation. Father contends the jurisdictional findings are not supported by substantial evidence. Additionally, Father asserts the juvenile court erred by removing Minor from Father‘s custody and denying visitation. We affirm.

FACTUAL AND PROCEDURAL HISTORY

A. DETENTION

Pursuant to a family court order, Father and M.Z. (Mother) shared 50/50 physical custody of Minor. In the past, when Mother and Father were dating, “[Father] was violent and abusive towards [Mother]. [Mother said] anytime she and [Father] would have arguments it would lead to physical abuse. [Mother said that Father] would most of the time hit her underneath her waist so the bruises would not be visible. [Mother] reported there was also verbal and emotional abuse. [Mother had] pictures of bruises that she [said] happened when [Father] would beat her leaving huge marks.”

In “January 2021, [Mother] obtained a restraining order [against Father] for domestic violence.” Mother sought the restraining order because “[Father] came to [Mother‘s] home and kicked down the door in the presence of the children2

Notes

1
All subsequent statutory references will be to the Welfare and Institutions Code unless otherwise indicated.
2
Mother has two more children by a different father.
3
When Minor was detained, Father was arrested on outstanding warrants for driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)); possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)); and possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)). The record does not indicate the outcome, if any, of Father‘s criminal case(s). Because we presume Father is innocent until proven guilty (Pen. Code, § 1096), we do not rely on the arrests in this substantial evidence analysis.
4
In July 2016, Father was arrested for domestic violence (Pen. Code, § 273.5, subd. (a)), but the record does not indicate any disposition for the criminal case. Because we presume Father is innocent until proven guilty (Pen. Code, § 1096), we do not rely on the arrest in this substantial evidence analysis.
5
” ‘[S]exual abuse’ means sexual assault.” (Pen. Code, § 11165.1.)
6
Father was arrested for driving with a suspended license (Veh. Code, § 14601.1, subd. (a)), in June 2013, September 2013, January 2014, February 2015, April 2020, January 2021, and July 2021, but the record does not include a disposition for any of those cases. We do not use the foregoing arrests in our substantial evidence analysis because Father is presumed innocent. (Pen. Code, § 1096.)
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