Opinion
B318714
10-20-2023
In re RAIDEN J., a Person Coming Under the Juvenile Court Law. v. JILLIAN K., Defendant and Appellant. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent,
Joseph Doyle, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Navid Nakhjavani, Deputy County Counsel, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. 21CCJP05171C, Lisa A. Brackelmanns, Juvenile Court Referee. Affirmed.
Joseph Doyle, under appointment by the Court of Appeal, for Defendant and Appellant.
Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Navid Nakhjavani, Deputy County Counsel, for Plaintiff and Respondent.
STRATTON, P. J.
Jillian K. (Mother) argues there was insufficient evidence to support the juvenile court's jurisdictional findings concerning her son, Raiden J., who was adjudicated a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivision (b)(1). We affirm the judgment.
All undesignated statutory references are to the Welfare and Institutions Code.
FACTUAL AND PROCEDURAL BACKGROUND
I. Initial Investigation, Detention, and Petition
Pursuant to family court orders, Mother and Christopher J. (Father) shared legal and physical custody of Raiden J., age five. In September 2021, the Los Angeles Department of Children and Family Services (DCFS) received a referral alleging Mother hit Raiden J. multiple times on the leg and arm in the course of a custody transfer.
Father told DCFS that at the September 9, 2021 custody exchange, the paternal grandmother saw Mother drag Raiden J. from her car and throw his belongings on the ground. Mother told the paternal grandmother, "I'm done with him, he's all yours." Raiden J. later told Father Mother hit him repeatedly on the way to the handoff. Father found bruises on Raiden J. and went to the police. At the police station, bruises were discovered on Raiden J.'s buttock, legs, and arms. Father obtained an emergency protective order and a temporary restraining order protecting Raiden J. from Mother.
Raiden J. described the incident to DCFS: He was about to leave with Mother to be dropped off with Father. Mother became upset that he went back into the house to say goodbye to his siblings when he was supposed to be getting ready to leave. Raiden J. said Mario M. (Mother's boyfriend) took Raiden J. to the car, put him inside, and put his seatbelt on "tight."
Raiden J. said during the car ride, Mother turned around from the passenger seat and "hit me a lot, on my arm and leg." While striking Raiden J., Mother said, "I hate you," and "I don't want you anymore." Mother stopped hitting him when they exited the freeway.
According to Raiden J., both parents spanked him on the buttocks with their hands, but this was the first time Mother had hit him repeatedly on parts of his body other than his buttocks. Raiden J. denied being scared of Mother but said he was upset with her and did not want to go back to her because she was being mean.
Father showed the social worker a faint reddish-purple mark that appeared scratch-like. In a photograph of Raiden J.'s thigh taken the day of the incident, the scratch-like markings were brighter. Additionally, a photograph of Raiden J.'s buttock showed a bruise in the shape of a scratch mark.
DCFS interviewed Mother on September 27, 2021. Mother reported Raiden J. recently had been running off, breaking or vandalizing items, and speaking to her in an upsetting manner. According to Mother, on the day of the incident, Raiden J. had a tantrum and refused to get in the car because he did not want to go to Father's home. He also ran without shoes down the alley. According to Mother, due to Raiden J.'s size she had difficulty carrying him when he was having a tantrum, so her boyfriend Mario M. carried him to the car.
According to Mother, once Raiden J. was in the vehicle he attempted to remove his seatbelt, roll down the windows, and open the car doors. Mother activated the child safety locks. She said while they were driving Raiden J. to the drop-off point, she was constantly turning in her seat to ensure he was not removing his seatbelt. Mother told DCFS she kept her composure during the incident because she did not want to make things worse by yelling.
Mother said she did not believe in hitting or spanking her children, and she denied hitting Raiden J. or using corporal punishment at any time. The only physical force she ever used was to carry him to time out when he refused to move. When asked about the marks on Raiden J.'s buttock and thigh, Mother said she could only assume they were a result of her reaching back to force Raiden J.'s seatbelt on each time he was trying to get out of the vehicle. Alternatively, she suggested he could have harmed himself when he resisted getting into the car.
Mother denied all substance use. She suspected Father might be coaching Raiden J.; Father did not like her and was trying to take Raiden J. away from her.
Raiden J.'s half-brother, Sawyer K., age 14, recalled walking out to the car with Mother and Raiden J., then giving him a hug goodbye. Sawyer K. did not recall Mario M. being present. He said Raiden J. was upset to leave but "he was ok." Nothing stood out to Sawyer K. about the occasion: Raiden J. typically said he did not want to go to Father's and became upset. Sawyer K. said Mother did not use corporal punishment or use drugs.
Raiden J.'s half-sister, H.K., age 11, said Raiden J. had not wanted to leave, was upset, and refused to go to the car. She said Mother asked Mario M. to help put Raiden J. into the car by picking him up. She also said Mother was not upset; she just talked to Raiden J. about the need to leave to go see his father. H.K. stated Mother had never hit Raiden J. or used corporal punishment. H.K. also denied ever seeing anyone use substances at her home.
Mario M. told DCFS Raiden J. always had a difficult time with drop-offs. Mario M. stated on the day in question, Raiden J. cried, ran out of the house into the alley, and refused to put on his shoes. Mario M. and Mother ran after him to prevent him from endangering himself. Mother "kept her composure" the entire time and explained to Raiden J. that he had to visit Father. Raiden J. threw himself on the ground to delay their departure.
Mario M. said Mother asked him to pick up Raiden J. to help her get him into the car. As Mario M. put him into the car, Raiden J. grabbed at the door and tried to roll down the windows. Once Raiden J. was in the car, Mother sat in the backseat with him for safety reasons, to prevent him from unbuckling his seatbelt. Mario M. denied ever witnessing Mother hit or harm Raiden J.; Mother was "strictly against hitting." Raiden J.'s behavior sometimes overwhelmed Mother, and she would cry.
On October 26, 2021, DCFS received another referral after Mario M. had a car accident while driving Raiden J.'s siblings home from school. The reporting party said Mario M. presented in the emergency room as "extremely altered" and was "falling asleep" while being spoken to and while standing. Medical staff examining Mario M. noted his responses were delayed, his eyes were red, and he was unable to keep his eyes open during conversation even though he reported sleeping seven hours the previous night. He refused medical testing that would confirm or deny a positive toxicology and was eager to be discharged. When Mother came to pick up Mario M. and the children, she and Mario M. were "evasive."
Both Sawyer K. and H.K. told DCFS Mario M. was acting normally before the accident, and they suspected the car had malfunctioned. They denied witnessing any substance use by Mother or Mario M.
Mario M. told DCFS he had refused tests at the hospital because he had no medical insurance, the family was already having financial issues, and now he would need to purchase another car. Mario M. said he would cooperate with DCFS and undergo a drug test, but he failed to respond to the social worker's telephone calls and messages until it was too late for the test results to be meaningful.
Mother acknowledged Mario M. had appeared tired at the hospital. She said he hit his head in the accident, and she suspected he was acting odd due to a head injury rather than substance use. Mother said Mario M. was speaking clearly, walking normally, and not slurring his words, so she did not suspect he was under the influence. Mother denied she or Mario M. used drugs. The social worker asked her to submit to a drug test, and she agreed but noted she might test positive for alcohol because she had a few drinks the night before to help with the stress of the car accident.
Mother's October 27, 2021 drug test came back positive for methamphetamine and amphetamine. When informed of the results on November 1, 2021, Mother said, "[T]hat's a mistake," and blamed the result on cough medicine. When the social worker said cough medicine could not explain the test result, Mother repeated the result must be a mistake and then went silent. Mother denied ever using methamphetamine.
On November 3, 2021, Mother called the social worker and asked her not to remove her children from her care. Mother said she was willing to work with the social worker, but the social worker responded that working with DCFS was not productive if Mother continued to deny substance use. Mother said she was embarrassed, and then she said, "It[']s not like me, I[']m just going through a lot." She maintained she did not have a problem, she was just undergoing hardship. Mother did not admit to substance use but said she would enroll in treatment.
Later that day, Mother told the social worker that "for what [she had been] using" she did not need a detoxification program for opioid users. She expressed a willingness to get help; she said she had been under a lot of stress and it was out of character for her to use drugs. Mother made an intake appointment with a treatment program.
Father told DCFS he had longstanding concerns about substance abuse by Mother. He had once asked her to drug test, but she refused until six days had passed. When Mother was pregnant with Raiden J., Father found a methamphetamine pipe in her bathroom.
On November 9, 2021, DCFS filed a petition alleging Raiden J. was subject to juvenile court jurisdiction under section 300, subdivisions (a) and (b)(1). Under both subdivisions, DCFS alleged Mother had physically abused Raiden J. by grabbing his arm, forcing him out of a vehicle, and repeatedly striking his arms and legs while he was buckled inside a vehicle, causing him marks and bruises on his buttocks, arms, and legs. Additionally, under section 300, subdivision (b)(1), DCFS alleged Mother had a history of substance abuse and was a current user of methamphetamine and amphetamine, rendering her incapable of providing regular care for the children.
II. Pre-Adjudication Investigation
A. Raiden J.
On December 22, 2021, DCFS interviewed Raiden J. Raiden J. told the social worker, "At [M]ommy's house I was trying to say bye to [my] brother, Sawyer. I go back [and] forth to [D]ad and [M]om. Now I don't because she's being mean to me because she hit me right here and here [rubbing and touching his left leg and left arm] and her friend put the seatbelt on too tight. I didn't have a car seat and he put the seatbelt too tight. We was on the freeway. My mom throwed my shoes and backpack on the floor when I was getting dropped off at [D]ad's house. She said a lot of words to [G]randma, bad words. She said to me, 'I don't want you[, '] to me." Raiden J. said Mother and Mario M. were in the car with him. Raiden J. said he was sad because Mother "said bad words and because she said she don't want me."
Raiden J. said he wanted to stay with Father and the paternal grandmother. He was not sure he wanted to see Mother because he thought she would be mean to him again, but he did want to see Sawyer K. and H.K.
Raiden J. looked down while he described what had happened, and when he did look up, he looked like he was about to cry. In contrast, when he spoke about visiting his halfsiblings, his demeanor changed and he was excited and happy. DCFS described Raiden J. as a "very smart" child who "communicated well .... [and] was able to understand vividly and answer questions in detail." Raiden J. "appeared to have a lot of information for his age and was quite confident in his conversation and communication."
B. Mother
Mother said the month before the incident, Raiden J. had begun "hitting, threatening us with scissors, throwing furniture and chairs and just acting out of his normal character." She had to prevent him from climbing out the window. Raiden J. called her dumb and a bad mother, said Father said he did not have to listen to her, and acted disrespectfully. He did listen to Sawyer K., who had to tell Raiden J. "all the time" not to be mean to Mother. Raiden J. had said he wanted to kill himself, but Father refused to allow Raiden J. to go to therapy.
Mother said Raiden J. never wanted to go see Father. Raiden J. said Father was mean, gave him time outs, and spanked him. She never saw any bruises.
Mother experienced anxiety and was always nervous about being on time for custody exchanges; she wanted to make sure she complied with the court order. On the day of the incident, she told Raiden J. it was time to go to his father's, and Raiden J. said he was going to have Father put her in jail. Raiden J. was "throwing himself around, running around." Mother finally got him to the car and they left. She reported, "While driving, he was taking off his seatbelt and trying to jump out of the car. To avoid him jumping out [of] the car, I was leaning over from the front seat to the back seat to calm him down. Usually I can calm him down, but this time I couldn't get him to calm down. So, I kept him in the car in the seatbelt. I had to restrain him to hold him in the seat. I did not strike him. I did not want him to hurt himself. The red marks was either from the seatbelt or from him kicking his legs. I have no idea. Once we got there, I did pull him out of the car. I was trying to grab him real quick to go to his dad's. I was crying and upset myself. As I was trying to get him out, he kept locking the door. I wasn't trying to be rough with him or hurt him in any[ ]way. I was trying to avoid his grandmother pulling him out of the car because she has done so before. I was upset and he doesn't know the emotional stress and anxiety this put on me because he doesn't want to go; but I have to follow the orders. Also, I have anxiety about being late because [Father] will always talk bad about me." Mother denied saying she did not want Raiden J. anymore.
Mother said she had problems with Father over the years, and this was not the first time he had taken Raiden J. from her. In 2018, he had withheld Raiden J. from her but no one took her seriously, including the court. Recently she had "felt hopeless since all this has happened." Mother said, "I had a few drinks and I made a bad choice to use. It was a mistake and I regretted it afterwards. After Raiden was taken from me and being accused of child abuse, it put me in a depressed state. I usually don't drink and it's not usually the way I cope with things." Mother denied a history of excessive drinking or drug use.
C. Father
In December 2021, Father described his understanding of what had occurred: Mother was late to leave for the custody exchange, and she yelled at Raiden J. to get in the car, but he did not want to leave until he had said goodbye to Sawyer K. She "snatched him up by the arm and threw him in the car," telling him to "shut the fuck up." Mother hit Raiden J. multiple times on the legs and buttocks. Father said, "He wasn't in his seatbelt and the man grabbed him and told him to 'shut up[.'] They was putting the seatbelt on him with no car seat." At the custody exchange, Mother threw Raiden J.'s belongings on the ground, then grabbed Raiden J. and took him out of the car. Mother told Raiden J., "I don't want you anymore and you can go live with your dad." The paternal grandmother told Mother not to speak to Raiden J. that way, and Mother began to scream at the paternal grandmother with profanities.
The paternal grandmother brought Raiden J. to Father. Raiden J. was sad and distraught; he did not want to eat, play, use electronic devices, or watch football. Father said, "He just sat there all balled up with a sad look on his face." Later that day, Father noticed scratches on Raiden J.'s arms and a bruise on his leg.
Father took Raiden J. to the police and showed them the marks on Raiden J.'s body, at which time the bruises on Raiden J.'s buttocks were discovered. According to Father, after this incident Raiden J. had been having a difficult time, and Father had to redirect some of his acting out behaviors. Father reported Raiden J. was getting better.
Before this event, Raiden J. had come home with minor bruises; Father had concerns but Raiden J. was too young to articulate what had happened. Father asked Mother what happened and she gave him "weird excuses." Father said he "felt funny" but had no evidence. He told DCFS Mother would "always call in [DCFS] referrals on me to take the shade off of her."
Father said when he and Mother were first together, she abused alcohol and committed domestic violence against him. Although she was abusive she "got a handle on it" by going to church. Father "never saw any signs of drug use up until the day she was pregnant with Raiden. I never had a clue. She did say she had a past with drug use. When she was pregnant, I thought it was hormonal." But after they broke up, Father discovered a pipe containing drug residue in Mother's bathroom. Mother denied it was hers, but she was the only one who used the bathroom.
Father said Mother had become involved with a violent man who used drugs, and he blamed the boyfriend for causing Mother to resume her drug use. Father discovered another drug pipe at Mother's home and refused to let Raiden J. stay with her until she took a drug test. Mother waited eight days to test, claiming she could not test sooner because she had touched some water containing drugs. At that point, Father began to seek custody of Raiden J., and he obtained a restraining order protecting Raiden J. from Mother's boyfriend.
D. Paternal Grandmother
The paternal grandmother said although Mother was typically late to drop off Raiden J., on the date of the incident she was five to 10 minutes early. Mother's boyfriend drove very fast into the parking lot and parked abruptly. Normally, Mother would walk over and put Raiden J. in the car, but this time "she got out [of] the car screaming at him and was upset[,] telling him to get out of the car. She went to the back seat of the car on the passenger side and she threw out his jacket and backpack out of the car [o]nto the ground." Raiden J. was sitting in the back seat of the car behind the driver, and Mother pulled him across the back seat to the passenger side of the car. Mother then "threw up both of her arms and yell[ed], '[H]e's all yours. I don't want him anymore.'" Raiden J., crying and looking heartbroken, ran to the paternal grandmother.
Raiden J. told the paternal grandmother he had been mad because Mother would not let him say goodbye to his brother. Raiden J. said Mario M. put him in the car and put the seatbelt on him very tight; he was not in a car seat. Mother then hit him repeatedly.
After this incident, Raiden J.'s demeanor changed and he became defiant and began having meltdowns; however, it was getting better. Raiden J. said he did not want to see Mother and had not asked to see her.
The paternal grandmother said Mother had told her Raiden J. was unruly, threw furniture, and tried to climb out of a window. Raiden J. said Mother was lying. He described being unable to come out of his room for water and explained that on one occasion he climbed out the window because they had blocked the door with a couch.
E. Half-Siblings
In December 2021, Sawyer K. told DCFS, "I never saw my mom hit Raiden or any of us. She will punish us, but she will never hit us. She punishes Raiden by sending him to his room, take devices away and she do[es] not [let] Raiden play with his stuff and she makes him take a nap." Sawyer K. said Raiden J. really did not enjoy visiting Father, and he opined Mother "probably held his arms to prevent him from opening the car door." Sawyer K. told DCFS, "My mom would never hit him [Raiden J.] violently. I assume because I've never seen my mom try to hurt any of us in any[ ]way." Sawyer K. blamed Father for Raiden J's allegations: Father "will tell him to say stuff like this and if he doesn't, his dad will hit him or put him in time out." When they all lived with Father, Father "would always tell us to lie and say stupid stuff we didn't do; and get mad and punish us if we didn't." Sawyer K., however, could not remember anything Father had told them to lie about.
In December 2021, H.K. said she had forgotten to tell people that Mother "never hit Raiden, but Raiden has said his dad hits him a lot. He never wanted to go to his dad's house. He just wanted to stay with us. He will cry when he had to go." According to H.K., Raiden J. was not safe with Father and did not like him. Father was "really mean" and "not a nice person." H.K. said Father had been mean to her, Mother, and Sawyer K. The social worker asked if Father was mean to Raiden J., and H.K. answered, "I don't know. I just know he's really mean." Asked what being mean meant, H.K. said, "He use[d] to yell at us and a couple of times he hit Sawyer in the face," but she could not remember when this occurred or provide any information about it. H.K. said Mother disciplined Raiden J. by telling him not to do whatever he had done and sending him to his room.
Both children denied being aware of Mother or any adult residing in the home using drugs or acting unusually.
F. H.K.'s Alleged Father
H.K.'s alleged father Shane V. told DCFS Mother was a recovering methamphetamine addict when he met her. When they were together, it was always in the back of his mind that she could potentially use drugs, but she had never acted in a way that suggested she was using. "She would sometimes drink a lot and make bad decisions when it came to her personal life/relationship, but nothing when it came to drugs." Shane V. never saw Mother commit physical abuse and said she was a very good mother. He had not been in touch with Mother since 2013.
G. Other Interviews and Information
The nonrelative extended family member with whom Sawyer K. and H.K. were placed said she had known Mother most of her life and had never seen Mother physically harm her children. Raiden J. had been reluctant to go to see his father when Raiden J. was three years old: he had been visibly distraught and said he did not want to go see Father. Raiden J. reported Father was mean, yelled, and spanked him; he also said the paternal grandmother yelled at him.
After Mother's positive drug test on October 27, 2021, she failed to appear for her next test on November 23, 2021. She tested negative on December 2 and December 8, 2021, missed her test with a medical excuse on December 14, 2021, and then tested negative on December 16, 22, and 30, 2021. Based on her four negative tests, Mother's visitation was changed from monitored to unmonitored.
III. Jurisdictional and Dispositional Hearing
On January 21, 2022, the juvenile court dismissed the allegation of physical abuse under section 300, subdivision (a), and amended the allegation under section 300, subdivision (b)(1) to state that Mother used inappropriate discipline with Raiden J. rather than that she physically abused him. As amended, the court sustained both allegations under section 300, subdivision (b)(1). The court declared Raiden J. a dependent child, removed him from Mother, placed him with Father, and ordered reunification services and monitored visitation for Mother. Mother appeals.
DISCUSSION
Mother argues the jurisdictional findings against her were not based on sufficient evidence. DCFS argues the appeal is moot because juvenile court jurisdiction has since been terminated,but we note that jurisdiction was terminated with an order giving full physical custody to Father. As the parents previously shared physical custody of Raiden J., the jurisdictional finding continues to affect Mother's custody rights and curtails her contact with Raiden J. The case, therefore, is not moot. (In re D.P. (2023) 14 Cal.5th 266, 277-278.)
We grant Mother's request for judicial notice of the September 9, 2022 juvenile court minute order and the juvenile custody order of that date.
Jurisdictional findings are reviewed for substantial evidence and will be affirmed where there is reasonable, credible evidence of solid value to support them. (In re Jonathan B. (2015) 235 Cal.App.4th 115, 119.)"' "[W]e draw all reasonable inferences from the evidence to support the findings and orders of the dependency court; we review the record in the light most favorable to the court's determinations; and we note that issues of fact and credibility are the province of the trial court." [Citation.] "We do not reweigh the evidence or exercise independent judgment, but merely determine if there are sufficient facts to support the findings of the trial court. [Citations.]' "[T]he [appellate] court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence . . . such that a reasonable trier of fact could find [that the order is appropriate]." '" '" (In re I.J. (2013) 56 Cal.4th 766, 773.) "Thus, we do not consider whether there is evidence from which the juvenile court could have drawn a different conclusion but whether there is substantial evidence to support the conclusion that the court did draw." (In re M.R. (2017) 8 Cal.App.5th 101, 108.)
Under section 300, subdivision (b)(1), the court may exercise jurisdiction over a child who has suffered, or there is a substantial risk the child will suffer, serious physical harm or illness as a result of the failure of the parent adequately to supervise or protect the child or to provide regular care for the child due to the parent's substance abuse. (§ 300, subd. (b)(1).)
I. Inappropriate Physical Discipline Count
Mother argues there is no sufficient evidence to support the court's finding she used inappropriate physical discipline on Raiden J. Whether a parent's discipline is inappropriate turns on whether the conduct is genuinely disciplinary; whether the punishment is necessary or warranted under the circumstances; and whether the amount of punishment was reasonable or excessive. (In re D.M. (2015) 242 Cal.App.4th 634, 641.) The evidence abundantly supports the court's conclusion that Mother's discipline, to the extent it was discipline, was excessive. Raiden J. was a five-year-old child buckled in the backseat of a car. According to Mario M., Mother was sitting next to Raiden J. for safety reasons: to prevent him from unbuckling the seatbelt. Emphasizing that Raiden J. was trying to remove his seatbelt and open the car doors, Mother argues "there was simply no evidence presented that Mother could have done it differently than she did." This assertion is ludicrous. Mother had engaged the child safety locks on the car, so Raiden J. could not open windows or doors. Therefore, the disciplinary and/or safety problem facing Mother was that Raiden J. was trying to remove his seatbelt. Mother could easily have grasped the seatbelt's buckle, held Raiden J.'s hands in hers, or otherwise prevented her five-year-old child from reaching the buckle. Hitting her kindergartener over and over on the arm and thigh with enough force to leave bruises is so obviously an excessive response to the problem facing Mother that we are staggered by her argument that she had no alternative but to hit the child next to her to stop him from trying to unfasten his seatbelt.
Mother next argues even if her discipline was excessive, the injuries she inflicted did not constitute serious physical harm. She points to the injuries suffered by the child in In re Isabella F. (2014) 226 Cal.App.4th 128, and argues that if the fingernail scratches and gouge to the ear the child experienced in that case did not amount to serious physical harm, then the injuries to Raiden J. could not warrant dependency jurisdiction. But this is too simple an analysis. In Isabella F., the mother held down her nine-year-old daughter in an attempt to spank her and then tried to pull her into a bathroom, and the daughter sustained scratchtype injuries that were not significant. (Id. at p. 132.) Mother told the social worker she would never intentionally hurt her daughter and that if she scratched her, it was accidental. (Ibid.) She acknowledged she had not handled the situation well, and she began anger management classes, read books on how to better deal with children who are defiant, participated in therapy, sought out resources, agreed to comply with services, and promised not to use physical punishment. (Id. at pp. 132, 134.) The daughter told the social worker the incident was the first time anything like that had happened, she did not think her mother wanted to hurt her, she was not afraid of her mother, she thought her mother had "learned her lesson and it won't happen again," and she was afraid of the possibility she would be removed from her mother's care. (Id. at pp. 133-134.) Additionally, it was clear from the record the "primary motivating factor in declaring jurisdiction appears to have been to offer mother services," not to protect the child from an ongoing risk of harm. (Id. at p. 139.) Under these circumstances, the reviewing court concluded the child had not sustained serious physical harm and there was no evidence she was likely to suffer serious physical harm in the future. (Id. at pp. 138-139.)
Here, in contrast, Mother denied hitting Raiden J. and said she never used physical force beyond carrying him to time outs. She denied responsibility for Raiden J.'s injuries: she contended he might have hurt himself during his struggle or he could have been injured while she strove to ensure he remained buckled in his seat, and she claimed any red marks came from the seatbelt itself or from him kicking his legs. She maintained she had kept her composure during the incident and did not acknowledge she should or could have responded differently. The record includes no evidence of any actions by Mother to ensure her actions would not be repeated. Raiden J. said this was the first time Mother had hit him repeatedly on a part of his body other than his buttocks, and he denied being afraid of Mother, but he also did not want to see her. While the injuries themselves did not constitute serious physical harm, the court could reasonably have concluded that under the circumstances of this case, there was a substantial risk that Raiden J. would suffer serious physical harm in the future.
Mother contends there was no indication the situation was likely to recur because she had never hit Raiden J. before, his behavioral issues and Mother's anxiety were "unique challenges of the day," and this was an "unusual response to a stressful (and dangerous) situation." We fail to see what was unique about the challenges of the day. Raiden J.'s behavior was nothing unusual: Mother said Raiden J. was regularly exhibiting behavioral problems and did not listen to her, and he never wanted to go see Father. Sawyer K. confirmed Raiden J. disliked visits with Father and he usually became upset and did not want to go to Father's. Mario M. said Raiden J. always had a difficult time with custody exchanges. Nor was Mother's stress unusual, as she reported she "always" got nervous and was anxious about being late to the meeting point. Paternal grandmother said Mother was typically late to the custody exchange, but on this day, she was actually early. As long as there were handoffs, the stress of a handoff would continue. As for Mother's claim that this was an unusual response for her, Mother believed she had done nothing wrong and maintained she had kept her composure during the incident. She took no responsibility for her conduct and denied all wrongdoing, blaming Raiden J., Father, and the paternal grandmother for everything that happened. "One cannot correct a problem one fails to acknowledge." (In re Gabriel K. (2012) 203 Cal.App.4th 188, 197.)
" 'The [juvenile] court need not wait until a child is seriously abused or injured to assume jurisdiction and take the steps necessary to protect the child.' [Citations.] The focus of section 300 is on averting harm to the child." (In re T.V. (2013) 217 Cal.App.4th 126, 133.) To reverse the jurisdictional findings, we would have to conclude the court could have ruled in only one way, compelling a finding in Mother's favor as a matter of law. We cannot so conclude in this case. Instead, we conclude Mother has failed to meet her burden of showing "there is no evidence of a sufficiently substantial character" to support the jurisdictional findings. (In re Geoffrey G. (1979) 98 Cal.App.3d 412, 420.)
II. Substance Abuse Count
Mother argues no substantial evidence supports the court's exercise of jurisdiction based on her methamphetamine abuse. Even if the evidence were insufficient to support this count, the court's other jurisdictional finding offers an independent basis for affirming the exercise of jurisdiction over Raiden J. (In re Ashley B. (2011) 202 Cal.App.4th 968, 979 ["As long as there is one unassailable jurisdictional finding, it is immaterial that another might be inappropriate"].)
Even on the merits, however, Mother's claim is unavailing. She claims the evidence is insufficient to support the substance abuse finding because she "had one positive drug test, but nothing else in the case suggested that she had a substance abuse disorder or that Raiden was at substantial risk of serious physical harm as a result." But there was more evidence here than one positive drug test. Mother denied using illegal substances, then tested positive for methamphetamine. Mother lied and said the results must have been a mistake, and then missed her next scheduled drug test without an excuse. Contrary to Mother's claim that "there was no evidence that [she] had any history of drug use," Father found drug paraphernalia in her bathroom, and Shane V. reported Mother was a recovering methamphetamine addict when he met her. Mother dismisses the evidence of drug paraphernalia because it "was corroborated by nothing," and she suggests Shane V.'s information was of no value because he did not see her use drugs, did not think she behaved as if she were using drugs while he was with her, and had not seen her since 2013. That Mother does not find this evidence persuasive does not mean it was not evidence.
Given the evidence Mother had used and been addicted to methamphetamine in the past, her present positive test and unexcused missed test, her denials of any substance abuse history or present use of methamphetamine, and the fact that even when she admitted using methamphetamine she minimized her use as "out of character," blamed it on stress, and maintained she did not have a problem, it was reasonable for the juvenile court to conclude Mother was not telling the truth about her drug use and to conclude she was attempting to conceal substance abuse. (In re K.B. (2021) 59 Cal.App.5th 593, 601 ["The juvenile court was entitled to conclude the mother had been transparently dissembling about her drug use. A reasonable inference was the mother was trying to hide her ongoing addiction. The trial court was entitled to draw this reasonable inference."].)
DISPOSITION The judgment is affirmed.
We concur: GRIMES, J. VIRAMONTES, J.