In re A. E. CA2/8

Josue E. (Father) appeals the juvenile court’s order removing his three-year-old daughter, A.E., from his custody for a single occasion of disciplining A.E. by spanking her with a belt on her legs and buttocks. Father is remorseful and is committed to learning better child-rearing techniques. There is no prior history with the Los Angeles County Department of Children and Family Services (DCFS), no domestic violence, no criminal record, no substance abuse, and no medical or mental illness in the family. Father contends there is insufficient evidence to support the juvenile court’s decision to keep him from the family home. We agree. Further, Karem E. (Mother) has voiced her disapproval of Father’s conduct and affirmed she would not allow him to hit A. with a belt. Accordingly, we reverse the challenged order to the extent it requires Father to remain outside of the family home.

FACTS

Father and Mother had A. in 2011, when they were 18 and 20 years old, respectively. They had been married since 2009 and recently moved to Los Angeles from Texas. On August 3, 2013, a neighbor reported hearing a child being hit or spanked. When Los Angeles County Sheriff’s deputies…