Filed 12/21/15 In re A.O. CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

In re A.O., et al., Persons Coming Under 

the Juvenile Court Law.

 B261557

 

 (Los Angeles County

LOS ANGELES COUNTY 

DEPARTMENT OF CHILDREN AND 

FAMILY SERVICES,

Plaintiff and Respondent,

v.

LATONYA W.,

Defendant and Appellant.

 Super. Ct. No. DK04263)

APPEAL from a judgment of the Superior Court of Los Angeles County, Tony L. 

Richardson, Judge. Affirmed.

Merrill Lee Toole, under appointment by the Court of Appeal, for Defendant and 

Appellant. 

Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant 

County Counsel, and Sarah Vesecky, Principal Deputy County Counsel for Plaintiff and 

Respondent.

_______________________
2

Latonya W. appeals the jurisdictional findings of the juvenile court. We find that 

sufficient evidence supported the court’s finding of a failure to protect under Welfare and 

Institutions Code1section 300, subdivision (b), and affirm the judgment. 

FACTUAL AND PROCEDURAL BACKGROUND

Married couple Latonya W. and K.C. have one child together, K.C., Jr., who was 

born in 2011. Latonya W. also has an older child, A.O., whose father is Ronnie O. As of 

January 2014, K.C., Latonya W., and the two children lived together. K.C. had two other 

children, Morgan G. and Bianca M., who resided with their respective mothers, 

Rachael G. and Rachel M. 

In January 2014, the Department of Children and Family Services received a 

report of domestic violence by K.C. against Latonya W.; abuse of Morgan G. by paternal 

relatives; and threats by K.C. of physical violence to Rachael G. in the presence of 

Morgan G. During initial investigations, five-year-old A.O. confirmed that K.C. hit 

Latonya W. and also reported that Latonya W. had “whoop[ed]” A.O. with a shoe on her 

hand. Rachel M. also disclosed to DCFS that once K.C. learned of her contact with 

DCFS, he attempted to rape her. 

DCFS filed a petition in March 2014 alleging that A.O. and K.C., Jr. came within 

the jurisdiction of the juvenile court under section 300, subdivisions (a) [serious physical 

harm], (b) [failure to protect], and (j) [abuse of sibling]. In July 2014, DCFS filed a first 

amended petition to add allegations that K.C. had sexually assaulted Rachel M., 

endangering the children. 

A. Evidence Presented at the Adjudication of the Dependency Petition

The juvenile court conducted a contested adjudication hearing between October 

2014 and January 2015 and received documentary and testimonial evidence. 

 

1 All further statutory references are to the Welfare and Institutions Code.
3

1. Written Reports

a. Detention Report, March 2014

In January 2014 DCFS received a report that K.C. had choked Latonya W.; that 

Rachel M. and Rachael G. knew K.C. was abusing Latonya W.; that Rachael G. had been 

abused when she was with K.C.; that paternal relatives had hit Morgan G. repeatedly, and 

that one of these hits resulted in a bump on her head; that K.C. yelled at Morgan G., 

spoke badly about her mother to her, and used vulgar language in front of her; that 

Morgan G. cried before visits with K.C. and had become sad and depressed; and that at 

an exchange of Morgan G. between her parents, K.C. had threatened Rachael G., 

frightening Morgan G. so much that she soiled herself.

A.O. told DCFS that when K.C. and Latonya W. became upset, he would hurt 

Latonya W., who would cry a lot. She disclosed that K.C. hit Latonya W. on the head 

and demonstrated a hitting action to the head with a closed fist. She also said that K.C. 

pushed Latonya W., but did not know when. A.O. said that when she was in trouble, 

Latonya W. “whoop[ed]” her with a shoe on her hand. Neither A.O. or K.C., Jr., who 

was too young to make a statement, bore visible signs of abuse.

K.C. denied the allegations of abuse and alleged that they were lies formulated by 

Rachael G. to aid her in a custody dispute. He admitted to being detained by police in 

2007 for domestic violence against Rachael G., but maintained that she was the 

aggressor. He denied abusing Rachel M. K.C. said that he and Latonya W. were not 

living together.

Latonya W. denied that K.C. had committed domestic violence against her. She 

said that A.O.’s statement that K.C. hit her was not true Latonya W. denied that her 

children had ever had marks or bruises and did not believe that K.C.’s family had hit the 

children. Latonya W. admitted that she spanked A.O. with her hands once in a while but 

denied leaving marks on her. 

Rachel M. told DCFS that once, when she contacted K.C., she could hear 

Latonya W. gasping for air; she believed that K.C. had choked Latonya W. Rachel M. 
4

told DCFS that K.C. had choked and hit her once, and described him as aggressive 

toward her on numerous occasions: pushing her, invading her personal space, and 

grabbing her when they argued. Rachel M. also reported that in late January 2014, after 

he learned that she had been in contact with DCFS, K.C. pushed his way into her home 

and attempted to rape her. 

Morgan G. told DCFS that K.C. and Latonya W. sometimes fought in front of the 

children. Morgan G. said, “I seen them fight with their hands.” She described K.C. 

“smash[ing]” Latonya W. into the door and punching her in the stomach and lower 

abdomen. Morgan G. said that when K.C. and Latonya W. fought in front of the 

children, they would go into the bedroom. Morgan G. felt scared after seeing her father 

hit Latonya W. 

In late February, Latonya W. and K.C. refused to permit DCFS to interview A.O. 

in private. When the social worker asked her about school, A.O. whispered, “My 

momma said to not talk about our business.” A.O. avoided eye contact with the social 

worker, appeared uncomfortable, and repeatedly looked at her mother during the 

conversation. 

Latonya W. told DCFS that things were going well and denied any domestic 

violence. Latonya W. said K.C. was upset because the allegations were false and there 

was no domestic violence in the home. K.C. said “everything” was false and that he did 

not understand why the investigation was still open. The social worker asked if they 

would enroll in domestic violence classes. They refused, saying they did not have any 

issues with domestic violence. K.C. also denied Rachel M.’s sexual assault claims. 

A few days later, Latonya W. told DCFS that K.C. was not a violent person and 

was not angry toward her. She stated that they “get along great” and had a good 

marriage. Latonya W. blamed the DCFS referral on Rachael G. and Rachel M.. 

On March 13, 2014, the juvenile court authorized DCFS to remove A.O. from 

Latonya W. and K.C., Jr. from Latonya W. and K.C. 
5

b. Last Minute Information for the Court, April 22, 2014

In April 2014, Latonya W. told DCFS that there was no evidence from a medical 

professional diagnosing any physical abuse of A.O. or K.C., Jr. She again accused 

Rachael G. and Rachel M. of making false allegations and blamed them for the children 

being detained. She advised DCFS that Rachael G. had previously alleged that Latonya 

W. abused Morgan G. in November 2013. 

DCFS had received evidence that K.C. and Rachel M. recently had obtained 

mutual restraining orders and that in 2009 K.C. had completed a batterers’ program.

c. Jurisdiction/Disposition Report, April 29, 2014

A.O. was detained and released to her father, Ronnie O., and K.C., Jr. was placed 

in shelter care. 

In April 2014, DCFS spoke with A.O and found she was not able to tell the 

difference between telling a truth and telling a lie. A.O. denied that K.C. and Latonya W. 

fought in her presence or that her mother had hit her or K.C., Jr. 

Both Latonya W. and K.C. denied that K.C. was violent with Latonya W., choked 

her or hit her in the stomach with his fists. They denied that K.C. threw Latonya W. 

against a door in A.O.’s presence. Latonya W. stated that she disciplined A.O. by talking 

to her and by “hitting her with an open hand on the butt 3 times leaving no marks or 

bruises in March 2014.” Latonya W. admitted hitting A.O. on the bottom with a shoe 

three times, leaving no marks, in January 2014. 

K.C. denied hitting A.O. or Morgan G. Latonya W. said that K.C. had once hit 

A.O. on the bottom and hand with an open hand, leaving no marks or bruises. Latonya 

W. denied disciplining or hitting Morgan G. Both K.C. and Latonya W. denied that the 

other had hit Morgan G. 

Both Latonya W. and K.C. wanted to reunify with their family. Latonya W. said 

she loved K.C., and K.C. said they were still together.
6

d. Last Minute Information for the Court, July 14, 2014

The Los Angeles Sheriff’s Department confirmed an active criminal investigation 

of K.C. for the sexual battery of Rachel M. DCFS had received a police report from 2008 

relating to K.C.’s violation of Rachael G.’s restraining order; a police report from 2011 

stating that K.C. had pushed Rachel M. in the face and thrown a bowl of food at her; and 

a police report that K.C. had made in 2013 in which he alleged that Rachael G. had 

violated a court custody and visitation order.

K.C. and Latonya W. confirmed in June 2014 that they were living together. 

Latonya W. and K.C. each completed parenting skills and anger management classes. 

Each attended classes concerning domestic violence and began individual counseling. 

e. Last Minute Information for the Court, October 29, 2014

Latonya W.’s visits with the children had been liberalized to unmonitored as of 

September 2014. K.C.’s visits were monitored. 

Latonya W. completed her domestic violence program in September 2014. K.C. 

completed his domestic violence program after attending 20 sessions. 

DCFS had received letters from a counseling center concerning domestic violence 

assessments performed on K.C. and Latonya W. Neither K.C. nor Latonya W. had 

obtained counseling from the center, which had a delinquent license and was not DCFSapproved. 

f. Last Minute Information for the Court, January 6, 2015

The district attorney closed the sexual battery case involving K.C. and Rachel M. 

without filing charges. In December 2014, K.C. signed a stipulation for a restraining 

order and finding of abuse with respect to Rachel M. The stipulation provided, “The 

parties agree herein that for purposes of the [F]amily [C]ode, with particular attention to 

Family Code [section] 3044, this agreement is tantamount to a judicial finding that Ms. 

M[.] has met her burden of proof, by a preponderance of the evidence, that there has been 

at least one act of ‘abuse’ perpetrated by Mr. C[.], as defined in Family Code [section] 

6203.” K.C. and Rachel M. stipulated that Rachel M. would maintain sole legal and 
7

physical custody of Bianca M. with no visitation for K.C. The stipulation was signed by 

K.C., Rachel M., their attorneys, and the court.

2. Testimony

a. Morgan G.

Morgan G., age seven, testified that she had seen K.C. and Latonya W. yelling at 

each other; that K.C. pushed and hit Latonya W., and pushed a door to hold her back 

from entering a room. She testified that A.O. and K.C., Jr. had also been present when 

this happened. Morgan G. testified that this had happened “a lot,” and that K.C. and 

Latonya W. fought by “putting their hands on each other.” She also testified that her 

father had once hit her and A.O. on the arms with a belt because they were too loud. 

b. Latonya W.

Latonya W. denied that K.C. hit or pushed her in front of the children in 2013 or 

2014. She denied that he had choked her in 2014. She had taken a domestic violence 

class, but there had never been domestic violence between herself and K.C., and neither 

he nor she had an anger problem. Latonya W. testified that Morgan G. was not telling the 

truth. Latonya W. also testified that A.O. did not witness K.C. putting his hands on her. 

Latonya W. hit A.O. on the bottom with a slipper three or four times in January 

2014, causing her to cry. It did not leave marks. Latonya W. had since learned different 

forms of discipline from parenting class. She had not physically disciplined her children 

since.

Latonya W. testified that K.C. was out of the home in early January 2014, but that 

he had been back in the home since shortly thereafter. 

c. K.C.

K.C. testified he did not have a temper and there was no domestic violence in his 

marriage. He had attended domestic violence class and parenting class. He had learned 

that Latonya W. disciplined A.O. with a slipper and he opined that it was appropriate. 
8

After further questioning, he said that he thought that it “probably” would not be 

appropriate for Latonya W. to discipline A.O. that way now. 

K.C. was questioned about violence against the mothers of his other children. 

K.C. testified that Rachel M. called him in January seeking help when she had car 

trouble, and he stated that there was no argument or domestic violence between them that 

evening. He first testified that there was no violence or threats on Rachel M.’s part 

following that incident, but when reminded of the declaration he had filed in response to 

Rachel M.’s application for a restraining order, he testified that she had threatened him. 

He could not remember what the threats were. K.C. denied knowing about the police 

report filed in 2011 by Rachel M. alleging that he pushed her and threw food at her. He 

did not recall that incident and stated that the information in the police report was false. 

K.C. testified that there had been no domestic violence between himself and 

Rachel M. When asked again about the declaration he had filed in response to her 

application for a restraining order, he clarified that he had not been violent to Rachel M. 

but “[s]he has done things toward me before.” Rachel M. had hit him, stalked him, and 

bitten him, and she had fabricated all the allegations of domestic violence. Rachel M. 

had accused Latonya W. of abusing his daughter Bianca M. in November 2013. K.C. 

admitted going to Rachel M.’s home but denied trying to rape her. He had signed a 

document in December 2014 in which he stipulated to a finding that he had abused 

Rachel M. but he understood it to be a mutual stay away order. 

K.C. acknowledged his domestic violence conviction in 2007 but claimed never to 

have been violent with Rachael G. Instead, he testified, Rachael G. had been violent with 

him. In May 2007 she had attacked, scratched, and bitten him. Rachael G. had alleged 

that he was violent with her during custody exchanges at the sheriff’s station. 

K.C. testified that he underwent a 52-week domestic violence program after his 

2007 domestic violence conviction and that he attended 20 more classes after DCFS 

became involved with his family.
9

d. Rachel M.

Rachel M. testified that K.C. had been violent with her five or six times. Three or 

four times a child had been present when he hit her. K.C. had choked her and hit her in 

the face. She had reported him to the police three times. Rachel M. testified that in June 

2011 she called the police because K.C. was abusing her, had thrown food at her and 

pushed her, and would not permit her or her children to leave the house. She stated that 

K.C. had forced his way into her home in January 2014, pushed or pulled her to the floor, 

and pinned her down. He began to sexually assault her, stopping only because a car 

began honking insistently; K.C. had parked his car in a neighbor’s parking spot. 

Rachel M. also testified that she had received a telephone call from Latonya W.’s 

telephone number, but that when she answered the telephone, she could only hear sounds 

of struggle and a person gasping for air. Rachel M. thought it sounded like Latonya W. 

was being choked. 

e. Sabrina S.

K.C.’s mother Sabrina S. testified that her relationship with Rachel M. had been 

good until Rachel M. and K.C. became involved in a custody battle. In the past Rachel 

M. talked with her about K.C. and said that he was going to leave his wife for her. When 

Sabrina S. served Rachel M. with legal papers in February 2014 they had a verbal 

exchange in which Rachel M. said that she would “fuck him [K.C.] again.” Sabrina S. 

stated that Rachel M. told her of the attempted rape the same night it happened, but that 

her tone of voice sounded normal and she did not sound distressed or angry. Sabrina S. 

also testified that Rachel M. said she got a restraining order against K.C. because DCFS 

told her to do so. 

Sabrina S. testified that Morgan G. had never expressed fear of her father or 

described witnessing fights between K.C. and Latonya W. Sabrina S. denied awareness 

of any domestic violence by K.C. in the prior 10 years. 
10

f. Rachael G.

Rachael G. testified that Morgan G. had told her that her father hit his girlfriend 

and that some paternal relatives had hit her with a cord. Rachael G. said that Morgan G. 

had said that she was told by her father and other paternal relatives not to report 

occurrences at K.C.’s home. Rachael G. said that Morgan G. reported that her father 

“whooped” her once because she was in a closet and that he had “whooped” both 

Morgan G. and A.O. with a belt because they were not quiet at night. Rachael G. 

believed her daughter because she had once heard K.C. apologizing to Morgan G. for 

“whooping” her. 

Rachael G. testified that there had been multiple acts of domestic violence during 

her relationship with K.C. In 2007 she was arrested because K.C. falsely claimed she had 

assaulted him; she was never charged. K.C. ultimately was charged with assault. He was 

also charged for an incident later in 2007. She obtained a restraining order against K.C. 

in 2007 and called the police in 2008 because he had violated it. Rachael G. confirmed 

that she had obtained a temporary restraining order against K.C. in 2011 because he was 

threatening her, but that the judge had declined to make the order permanent because the 

judge believed the issue to be custodial. 

g. A.O. and Noah R.

A.O. was called as a witness but the court concluded she was not competent to 

testify. 

Noah R., Rachel M.’s son and Bianca M.’s half-brother, testified that he had seen 

K.C. hit Rachel M. Noah R. said that he heard them arguing and Rachel M. told K.C. to 

leave her home, but K.C. did not leave. K.C. hit Rachel M. in the shoulder. Rachel M. 

told Noah R. to call 911, but K.C. took the phone and took the batteries out. K.C. 

“talk[ed] angry” to Rachel M. 

h. Tommy Brown

DCFS social worker Tommy Brown testified that he had recommended that 

Latonya W. enroll in parenting class, a domestic violence program, individual 
11

counseling, sexual abuse counseling, and anger management. He understood that 

Latonya W. had completed a domestic violence program and that the program provider 

had no concerns that she had failed to grasp the concepts presented. Brown also 

understood that Latonya W. had undergone individual therapy and that the provider was 

satisfied with her progress, and that she had successfully completed a parenting class. 

Brown testified that he did not have any concerns as to whether she understood 

appropriate discipline, but that he was concerned about whether she understood the cycle 

of domestic violence. Brown’s concerns arose from the fact that A.O. had disclosed that 

K.C. hit Latonya W. but that Latonya W. had never admitted it. 

Brown testified that Latonya W.’s visits with A.O. and K.C., Jr. had been 

liberalized to unmonitored on the condition that K.C. not be present during visits. There 

had been no reports that Latonya W. permitted K.C. to be present during visits. There 

had been no negative reports about Latonya W.’s visits, and Brown had no concerns 

about the children’s safety or about inappropriate discipline during visits. 

Brown testified that A.O. had told him in April 2014 that K.C. had hit Latonya W. 

in the stomach and made her cry. Brown had not assessed A.O.’s competency before 

speaking with her about this, but he had observed her behavior and demeanor. 

B. Adjudication, Disposition, and Appeal

After the close of evidence and argument, the juvenile court explained that it 

found incredible K.C.’s explanation that he did not know what he was signing when he 

stipulated to abusing Rachel M., and that this impacted his credibility overall. The court 

expressed concerns about Latonya W.: “I do find that it’s concerning that the mother 

Miss W[.] here has denied any domestic violence with respect to the father C[.] especially 

considering what appears to be his history with others . . . .” The court observed that 

Morgan G. “has consistently stated that she has witnessed father C[.] striking Miss W[.] 

Now, it lea[ds] me to ask whether mother is protecting Mr. C[.], or is mother in denial or 

is mother and Mr. C[.] being honest with the court? [¶] Now, I’ve already stated that 

Mr. C[.]’s credibility seems to be questionable. So this then puts mother’s credibility at 
12

issue. In weighing credibility, I . . . give more weight to the consistent statements made 

of the minor here in this case[,] Morgan[,] who seems to have had an unfettered and 

somewhat uncomplicated way of perceiving what she saw and what she experienced in 

stating it.” 

The court considered Morgan G.’s testimony with that of Noah R., who described 

the interaction between K.C. and Rachel M. that “seemed to have led to the stipulated 

order that Mr. C[.] signed[,] at least in part.” The court refused to disregard K.C.’s 

stipulation to abusing Rachel M. The court said, “I don’t know if mother is in denial with 

the d[omestic] v[iolence] incidents that Morgan reported, and County Counsel is making 

an argument that mother is either in denial or she is unable or unwilling to protect the 

children[,] which raises another issue.” The juvenile court noted that Latonya W. had 

admitted hitting A.O. with a shoe. 

The court sustained two allegations of the first amended petition as amended. 

First, under section 300, subdivisions (a) and (b), the court found true that in 2013 K.C. 

and Latonya W. engaged in violent altercations in which K.C. struck her in the stomach 

with his fists and threw her against the door, all in A.O.’s presence; that Latonya W. 

failed to protect the children because she allowed K.C. to reside in the home and to have 

unlimited access to the children; and that the violence by K.C. and failure to protect by 

Latonya W. endangered the children’s physical safety and placed them at risk of physical 

harm, damage, danger, and failure to protect. Second, under section 300, subdivisions 

(a), (b), and (j), the court found true that Latonya W. had physically abused A.O. by 

striking her with a shoe; that the abuse was excessive and caused A.O. unreasonable pain 

and suffering; and that it endangered her health, safety and well-being, created a 

detrimental home environment, and placed K.C., Jr. at risk of physical harm, damage, and 

physical abuse. The court declared A.O. and K.C., Jr. dependents of the court under 

section 300, subdivisions (a) and (b). A.O. was ordered placed in “home of parents” 

under DCFS supervision, and K.C., Jr. was ordered “home of parent-mother,” with K.C. 

barred from living in the home. 
13

Both parents appealed. K.C.’s appeal was dismissed as abandoned. (In re 

Phoenix H. (2009) 47 Cal.4th 835, 838.) Latonya W.’s appeal remains.2

DISCUSSION

On appeal, Latonya W. attacks each of the juvenile court’s jurisdictional findings 

concerning her conduct. She first contends that there was insufficient evidence to support 

the court’s findings under section 300, subdivisions (a), (b), and (j) that she had seriously 

physically abused A.O. or that A.O. and K.C., Jr., were at risk of serious physical abuse 

by her. Next, she argues that the juvenile court erred in finding that she had failed to 

protect the children from domestic violence under section 300, subdivision (a) because a 

failure to protect finding is inappropriate under that provision. Finally, she argues that 

the juvenile court erred in finding that she had failed to protect the children under section 

300, subdivision (b) because at the time of the jurisdictional hearing there was no 

evidence to support a conclusion that the children were then at risk. We conclude that the 

evidence was sufficient to support a finding under section 300, subdivision (b) that 

Latonya W. failed to protect the children, and that this basis for jurisdiction is sufficient 

to uphold the court’s order.

We review the juvenile court’s jurisdictional findings for substantial evidence. 

(In re J.K. (2009) 174 Cal.App.4th 1426, 1433.) Substantial evidence is “evidence which 

is reasonable in nature, credible, and of solid value.” (Ibid.) Under this standard of 

review, we examine the whole record in a light most favorable to the findings and 

conclusions of the juvenile court and defer to the lower court on issues of credibility of 

the evidence and witnesses. (In re Tania S. (1992) 5 Cal.App.4th 728, 733.) We 

determine only whether there is any substantial evidence, contradicted or uncontradicted, 

that supports the juvenile court’s order, resolving all conflicts in support of the 

 

2 At a progress hearing in February 2015 the case was transferred from the Los 

Angeles Superior Court to the Juvenile Court of Sacramento County. Notwithstanding 

that transfer, jurisdiction to consider Latonya W.’s appeal from the Los Angeles juvenile 

court’s order remains in this court. (In re Lisa E. (1986) 188 Cal.App.3d 399, 404-405.)
14

determination and indulging all legitimate inferences to uphold the lower court’s ruling. 

(In re John V. (1992) 5 Cal.App.4th 1201, 1212.) 

Section 300, subdivision (b) provides that a child comes within the jurisdiction of 

the juvenile court if the child has suffered, or there is a substantial risk that the child will 

suffer, serious physical harm or illness as a result of the parent’s failure to adequately 

supervise or protect the child or provide adequate medical treatment. Children’s 

exposure to domestic violence is a sufficient basis for jurisdiction under section 300, 

subdivision (b). (In re Heather A. (1996) 52 Cal.App.4th 183, 194.) 

Here, there was substantial evidence to support the juvenile court’s finding under 

section 300, subdivision (b) that A.O. and K.C., Jr. had been exposed to domestic 

violence and that Latonya W. had failed to protect them from exposure to violence. 

Morgan G. testified that K.C. pushed and hit Latonya W. in the presence of A.O. and 

K.C., Jr. Morgan G. testified that the domestic violence had happened many times and 

that K.C. and Latonya W. fought by “putting their hands on each other.” 

Latonya W., however, argues that because she had successfully completed her 

case plan, there was no evidence at the time of the jurisdictional and dispositional hearing 

to permit a finding of current risk to the children. While Latonya W. had completed the 

recommended services and there had been no negative reports from her visits or 

programs, she steadfastly denied that there had been any domestic violence between 

herself and K.C. She and K.C. also remained a couple and lived together for the duration 

of the dependency proceedings. Latonya W.’s denial of domestic violence despite her 

participation in domestic violence programs, in combination with the continuation of her 

relationship as a couple with K.C., was sufficient for the juvenile court to conclude that 

the children remained at risk of being exposed to domestic violence. (In re Esmeralda E.

(1992) 11 Cal.App.4th 1036, 1044 [parent’s denial is a relevant factor in determining 

whether parent is likely to modify his behavior]; In re Gabriel K. (2012) 203 Cal.App.4th 

188, 197 [“One cannot correct a problem one fails to acknowledge”].) 
15

Latonya W. also points to the fact that the juvenile court returned the children to 

her at disposition with family maintenance services on the condition that K.C. not reside 

in the home and that she not permit him to have unmonitored contact with them as “even 

more substantiat[ion]” that there was no risk to the children by the time of the 

jurisdictional hearing. The requirements for removal and for jurisdiction, however, are 

not interchangeable. A finding that a child is described by section 300 requires proof by 

a preponderance of the evidence. (§ 355, subd. (a).) Removal of children from the home 

under section 361, subdivision (c) requires findings under a clear and convincing 

evidence standard that there is a substantial risk of detriment to the children and no 

reasonable means to protect the children other than removal. The fact that the court did 

not remove the children does not tend to undermine its findings that by a preponderance 

of the evidence the children were at substantial risk of suffering serious physical harm as 

a result of Latonya W.’s failure to protect them. (§ 300, subd. (b).) Latonya W. has not 

established any error in the court’s finding that the children came within the jurisdiction 

of the juvenile court under section 300, subdivision (b) due to Latonya W.’s failure to 

protect them from domestic violence.

Because the juvenile court’s findings under section 300, subdivision (b) are 

supported by substantial evidence and establish that the court properly exercised 

jurisdiction over the children, we need not consider Latonya W.’s challenges to the other 

sustained allegations. (In re Dirk S. (1993) 14 Cal.App.4th 1037, 1045 [single basis for 

jurisdiction is sufficient to uphold juvenile court’s order]; In re Jonathan B. (1992) 

5 Cal.App.4th 873, 875 [when one jurisdictional finding is supported by substantial 

evidence, appellate court need not consider sufficiency of evidence to support other 

findings].) 
16

DISPOSITION

The judgment is affirmed. 

ZELON, Acting P. J.

We concur:

SEGAL, J.

BECKLOFF, J.*

 

*

Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to 

article VI, section 6 of the California Constitution.