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Modification: In re D.B.

Ruling by

John W. Wiley

Lower Court

Los Angeles County Superior Court

Father's violence, verbal abuse, racism, impulsivity, and lack of insight created substantial evidence that daughter faced substantial risk of serious emotional damage.





Court

California Courts of Appeal 2DCA/8

Cite as

2020 DJDAR 4721

Published

May 21, 2020

Filing Date

May 20, 2020

Opinion Type

Modification

Disposition Type

Affirmed


In re D.B., a Person Coming Under the Juvenile Court Law.

 

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

B.K.,

Defendant and Appellant.

 

No. B298750

(Los Angeles County

Super. Ct. No. 18CCJP07975)

California Courts of Appeal

Second Appellate District

Division Eight

Filed May 20, 2020

 

THE COURT:

 

IT IS ORDERED the opinion in the above-entitled matter filed on April 30, 2020 be modified as follows:

 

1. On page 14, second sentence of the fourth paragraph, delete the word "laudably."

 

2. On page 16, delete both paragraphs under Section B.1. Replace with the following paragraph under Section B.1:

 

"Father's first argument is the juvenile court impermissibly restricted the family court's power to modify custody or visitation.  But the juvenile court did not restrict the family court's power.  Father can go to family court as he pleases and seek modification on whatever basis he wants.  What the juvenile court said about counseling does not limit the family court's power at all.  The juvenile court order does not tell the family court what to do.  It tells Father and Mother what to do.  Father's first argument is in error."

There is no change in the judgment.

 

 

BIGELOW, P.J.

GRIMES, J.

WILEY, J.

#275295

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