In re Fernando P. CA2/1

FACTS AND PROCEEDINGS BELOW

The facts that gave rise to this cause are not in dispute. In January 2013, Mother hit Joshua with an open hand on his leg over his clothes. In swinging for his leg, Mother accidently struck Joshua’s nose causing it to bleed. In June 2013, Mother struck Joshua with an open hand on his thigh. There is no evidence that either of those slaps caused bruises, swelling, cuts or any other physical injury to Joshua. DCFS conceded that it found the children to be “healthy and bonded with both parents.” In a petition under section 300, subdivisions (a), (b) and (j), DCFS alleged that the children have suffered or are at risk of suffering serious physical harm or illness “as a result of the failure or inability of [Mother] to supervise or protect the child[ren] adequately[.]” Specifically, the petition alleged: “In June of 2013, [Mother] physically abused the child Joshua by striking the child’s nose and leg with the mother’s hand, inflicting pain to the child’s leg. In January of 2013, the mother struck the child’s leg with the mother’s hand. Such physical abuse was excessive and caused the child unreasonable pain and suffering. Such physical abuse of the child…