Filed 5/25/22 In re Nicole K. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO In re NICOLE K. et al., Persons B313289 Coming Under the Juvenile (Los Angeles County Court Law. Super. Ct. No. 21CCJP01589AB) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. GARY K., Defendant and Appellant. APPEAL from a judgment and orders of the Superior Court of Los Angeles County, Lisa A. Brackelmanns, Juvenile Court Referee. Affirmed. Paul A. Swiller, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Kelly Emling, Deputy County Counsel, for Plaintiff and Respondent. ****** Gary K. (father) appeals from a judgment of the juvenile court asserting jurisdiction over his two children, Nicole K. (born December 2008) and Matthew K. (born December 2015) pursuant to section 360 of the Welfare and Institutions Code.1 Specifically, father argues that substantial evidence does not support the court’s decision to sustain the petition filed pursuant to section 300 and that substantial evidence does not support the trial court’s order removing the children from father’s custody. We find the juvenile court’s jurisdictional findings and removal order are supported by substantial evidence, and we affirm. STATEMENT OF FACTS AND PROCEDURAL HISTORY Investigation The family consists of father, Angelica S. (mother), Nicole and Matthew.2 On March 18, 2021, the Los Angeles County Department of Children and Family Services (DCFS) received a referral alleging emotional abuse by father towards the two children, who were 1 All further statutory references are to the Welfare and Institutions Code. 2 Mother participated in the proceedings below but is not a party to this appeal. 2 then 12 and five years old. The reporting party indicated that mother had called law enforcement after a verbal argument over finances. Father became upset and pushed mother with one arm on the right shoulder. Father began throwing items from a shelf onto the floor. Mother fled into the bedroom and father banged on the door. The children were present in the living room, adjacent to the altercation. Father was arrested for misdemeanor domestic violence, and mother was granted an emergency protective order. Mother stated that there had been one prior incident of domestic violence that she did not report. Father was released on bond with a court date of September 9, 2021. On March 25, 2021, mother obtained a temporary restraining order against father. On March 24, 2021, a DCFS social worker contacted mother to interview her and the children. The interviews took place at the family’s one-bedroom apartment. Mother, a hairdresser, had a client in the kitchen. The social …
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