Opinion
B233964
01-12-2012
In re Y.H., a Person Coming Under the Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. Y.O., Defendant and Appellant.
Nicole Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Andrea Sheridan Ordin, County Counsel, James M. Owens, Assistant County Counsel and Navid Nakhjavani, Deputy Counsel for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County
Super. Ct. No. CK86952)
APPEAL from orders of the Superior Court of Los Angeles County, Margaret S. Henry, Judge. Affirmed.
Nicole Williams, under appointment by the Court of Appeal, for Defendant and Appellant.
Andrea Sheridan Ordin, County Counsel, James M. Owens, Assistant County Counsel and Navid Nakhjavani, Deputy Counsel for Plaintiff and Respondent.
I. INTRODUCTION
The father, Y.O., appeals from the juvenile court's May 27, 2011 jurisdictional findings under Welfare and Institutions Code section 300, subdivision (a). The father argues there is no evidence to support the sustained section 300, subdivision (a) count. The juvenile court found the father inflicted serious physical harm on the children or placed them at risk. The father's five sons are A.H., Y.H., U.D., S.D. and E.D. We find substantial evidence supports the juvenile court's section 300, subdivision (a) jurisdictional finding. Accordingly, we affirm the juvenile court's jurisdictional findings.
All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.
II. BACKGROUND
A. Detention Report and Hearing
On December 25, 2010, the Department of Children and Family Services (the department) received a referral from the mother, Susan B., alleging domestic abuse between her and the father. The mother stated two weeks before the referral, she and the father were arguing in a parked car when he tried to pry her hands from the door. In doing so, the father bent the mother's thumb all the way back, causing a sprain. The father also pushed the mother's head down toward her lap making it difficult for her to breathe. She heard her neck crack and received a car burn on her leg. According to the referral, the father consumed a large quantity of alcohol daily, was diagnosed as bipolar, and was on probation for assaulting a deputy sheriff.
On December 30, 2010, Mark Norris, a department social worker met with the father. They met at the father's residence. The father requested the interview be conducted outside his residence in a parking area. The father denied the domestic abuse allegations, stating that the mother made a false report. The father claimed the mother had someone put a brace on her thumb. The father asserted the misunderstanding was due to a car given by the paternal grandmother that was in the mother's name because he had a suspended driver's license. The father stated the mother falsely reported the family car was stolen. When the father was pulled over by the sheriff's deputies, he got into a scuffle with them. The father confirmed he was on probation.
On January 10, 2011, Mr. Norris met the mother and children at their home. The mother stated she and the father have been together for 16 years. The mother reported the father is bipolar but has not taken any medication for his illness. The mother noticed a difference about three years ago when the father began drinking more. The mother stated the father drinks heavily and rants and rages when he is drunk. The mother stated the father has hit her in front of the children. The mother reported her mother had brought the family a car, which became the source of numerous arguments between the mother and father. Two weeks before Christmas, the father tried to push the mother out of the car, causing injury to her thumb. The mother also reported her two oldest sons told her that the father had hit A.H. once across the head. The mother did not witness the incident. The mother also said she had "filed" a restraining order against the father.
The detention report summarizes Mr. Norris'conversation with [A.H.]: "[H]e feels [the father] does not like him as much as his brothers. [A.H] told [the social worker] a story about one of his younger sibling[s], [E.H.] spilling juice on the floor and [A.H.] got blamed, even when his [father] seen his younger brother do it. [A.H.] stated that he has heard his mother and father argue a lot, but never seen him hit her. [A.H.] stated that one time [the father] was yelling at him and his brothers, and [the mother] tried to intervene. 'He put his hand in the mom's face and told her to stay out of it. This doesn't concern you.'"
On March 2, 2011, Mr. Norris received a hysterical voice message from the mother. The mother stated the father had followed her and the children to their car. The mother became fearful and told the children to get into the car and to close the car doors. The father told the mother he just wanted to see and talk to his sons. The mother replied he could speak to them through the car window. One of the boys, U.D., tried to close the car door. The father prevented U.D. from doing so by standing in front of the door. The father then pushed U.D. back into the car and stopped another son, S.D., from closing the car door. The father left after the mother threatened to call the police.
On March 5, 2011, Mr. Norris conducted another home visit with the mother and children. In addition to the March 2, 2011 incident, the mother described an incident where the father swung a machete in the house and drove it into the sides of a bed. The two older sons, Y.H. and A.H., corroborated the mother's account of the machete incident. They showed Mr. Norris a toy riding stick that the father had cut with the machete.
Besides speaking with the mother, Mr. Norris also interviewed each of the children. Six-year-old E.D. said he last saw his father during the March 2, 2011 incident. E.D. stated his mother was in a rush from school. U.D. noticed their father was following them. The mother tried to hurry them into the car but the father caught up to them.
E.D. stated: "I [saw] my brother [U.D.] tell my father to let go of the door because he was blocking it and holding it. Then he pushed my brother back into the car. My mother then went over to the side where my father was and tried pushing the door close and my father would not let her." The detention report states, "[E.D.] stated he would like his father to come home, but not if he continues 'acting weird.'" He stated his parents argued all the time but he had never seen any fighting between them.
Eight-year-old S.D. informed Mr. Norris about a January 2010 machete incident. S.D. was coming home and heard U.D. crying. S.D. also heard his parents arguing in another room. S.D. stated, "I heard my father saying something that sounded weird like another language or something." E.D. recounted after a while the father went outside and returned with a machete. The father swung the machete around and started "pounding the bed" with the weapon. E.D. said he was really scared and started crying. E.D. also confirmed the recent car incident when the father had followed the family.
Ten-year old U.D. stated his mother was in a rush when he got out of class. U.D. noticed the father following and told the mother. U.D. got into the car while his parents were yelling at each other and tried to close the car door. But the father would not allow U.D. to close the door. U.D. stated: "He then pushed me back further into the car and told me to leave the door alone. Then my brother [S.D.] tried to close it, but my mother had come to the side to help us and my father began cussing at her and yelling bad names and stuff." U.D. is scared when the father is around. U.D. wished the father would just talk to the mother. U.D. had been physically assaulted by the father. The father punched U.D. in the arm. The assault occurred because U.D. and a sibling got into a fight.
U.D. also reported on a prior incident when the children were younger. U.D. stated: "One time while [I] and my brothers were asleep, I woke up and heard my mother crying and my father was yelling and yelling. My mother [saw] me peeking around the corner and told me to go back to bed. After a while I was lying in bed and my father came in and wanted to talk to us." U.D. stated the mother tried to reason with the father to let the boys sleep. But the father would not listen. U.D. continued, "Then I just pretended to be asleep and then my father pulled each one of us out of the bed and dragged us to the hallway." The father dragged the youngest child out of the bed. The father then threw the youngest boy into the hallway. U.D. also saw the father push the mother one time. U.D. did not want the father to live with them, "[N]ot if [the father] continues to hit and yell at [the mother]."
Thirteen-year-old A.H. stated the father drank, smoked marijuana every day and acted "crazy." A.H. was really scared when the father swung the machete around. A.H. stated the father "looked like he was possessed" when swinging the machete around. The detention report relates: "[A.H.] says he feels like his dad does not like him and his older brother, [Y.H.] as much as he likes the younger ones. [A.H.] said that he is always nervous and tense whenever his father was around." A.H. had been pushed hard in the chest once because the father did not like the music A.H. was playing. Three years ago, the father dragged A.H.'s brothers out of bed into the hallway. The father yelled at the mother calling her "evil," the "devil" and pushing her around. Another time, A.H. intervened when the father pushed the paternal grandmother and the mother "real" hard against the wall. A.H. did not feel safe around the father. A.H. stated, "He is crazy and I don't want him around us anymore." The detention report states, "[A.H.] also stated he had several nightmares about his father trying to kill him."
Fourteen-year old Y.H. stated: "My dad has done . . . a lot of stuff that has made me [lose] trust and respect for him. . . . And for me that point was when he put his hands on my mom." Y.H. saw the father push his mother and paternal grandmother hard against the wall. Y.H. said, "He was talking crazy and looked like he was drunk or high or something." Y.H. stated the father is not in his right mind. For the last few years, the father has appeared drunk or high whenever they were together. Y.H. also reported the father pushed the mother down hard on the ground. This occurred when she tried to intervene after the father attempted to get the children out of the room to talk with him while the youngsters were doing homework. Y.H. got a vacuum hose and began hitting the father with it. His father then slapped Y.H. across the face. Y.H., at times, was afraid of the father. But now Y.H. was more angry with the father. Y.H. stated, "I want to believe him and respect him, but when he treats me and my brother like we are nothing and then hit my mom, well that crossed the line."
Based on the family interviews, Mr. Norris recommended detention of the children based on the father's emotional abuse. According to March 10, 2011 detention report, the children stated they were having nightmares and trouble sleeping, and their school grades suffered because of the father's behavior and verbal abuse. On March 10, 2011, the department filed a section 300 petition on behalf of the children alleging they came within the juvenile court's jurisdiction under section 300, subdivisions (a), (b) and (j).
At the March 10, 2011 detention hearing, the juvenile court found a prima facie case for detaining the children from the father. The juvenile court also found there was a prima facie showing that the children were persons described by sections 300 subdivisions (a), (b) and (j). The boys were released to their mother's custody. The juvenile court issued a temporary restraining order prohibiting the father from having contact with the mother and children except during monitored visits. The juvenile court ordered the father's monitored visits with the children occur in a therapeutic setting.
B. Jurisdiction/Disposition Report
In the April 7, 2011 jurisdiction/disposition report, the department indicated the father had submitted to a live-scan criminal background check that revealed numerous arrests, including charges of deadly weapon assault, resisting arrest, and battery against a police officer. The report also detailed subsequent interviews with the children, the parents, and the paternal and maternal grandmothers.
Y.H. stated during the machete incident, the father was listening to rap music while the brothers were watching cartoons in the living room. The father came out into the living room swinging the machete. The father made strike marks on the mattress in the living room and on a toy cow head riding stick a brother had gotten while on a school field trip. Y.H. stated: "[M]y father does not know anything about martial arts outside of what he has seen on television or read in a book. My father was swinging the sword around like a crazy person." Y.H. reported the children were afraid. A.H. confirmed the father came into the living room swinging the machete. The father hit a toy out of a brother's hand. U.D. was hiding behind the bed frame which was in the living room. A.H., who was afraid, thought the father was going to hit them. A.H. could smell beer on the father's breath. The younger brothers, S.D. and E.D., also stated their father swung a machete in the living room and chopped at a mattress frame that was in the living room. The father also damaged a toy that E.D. had gotten while on a field trip. S.D. stated he was scared because the father "was swinging the machete" all over the place. E.D. was not really scared. But E.D. admitted the other children appeared scared. Two of the brothers hid behind the couch. The mother was not present because she was working at one of her two jobs.
The boys, Y.H., A.H., U.D. and S.D., also reported seeing the father physically harm the paternal grandmother and the mother. Y.H. saw the father push the mother and grandmother against the wall. This occurred when they tried to get the father to leave the bedroom. A.H. saw the father sometimes yell, curse and push the mother. Once, A.H. saw the father pull the mother's hair and acting like a "crazy ninja." A.H. saw the father push the mother against the wall and "karate chopped" her in the back. A.H. saw the father pushing the paternal grandmother against the wall twice and knocking her glasses off her face. U.D. saw the father yell and hit the mother. Once the father pulled the mother's neck up when she came into the kitchen. This occurred when U.D. was younger. U.D. also saw the father "karate chop" the mother on her back. U.D. stated the father pushed the grandmother against the wall so hard that her glasses fell from her face. S.D. confirmed the father "karate chopped" the mother and pushed the grandmother against the wall.
Some of the children also described physical abuse by the father against them. Y.H., A.H. and U.D. stated the father once threw their youngest brother, E.D., into the hallway. A.H. reported he was spanked with a belt and once pushed in the chest by the father. U.D. stated he was once hit in the chest during a fight with E.D. The father did not hit U.D. hard. The children, Y.H. and E.D., stated the father would sometimes be in "the mode." This occurred when the father's eyes would bulge and he would be angry. Y.H. stated the father would yell and curse at the mother. A.H. stated the father would drink daily, and argue and shove the mother when he was in the mode. According to A.H., the father would go into "psycho mode" two or three times a year. According to U.D.: "He sometimes gets into the mode. That's what my mother calls it. It's when something happens with his brain. He is typically drinking. The mode affects his brain. He's not thinking correctly. He has been in the mode three or four times since 2008." According to S.D., "My father is a different person when he is in the mode." The children also stated the father smoked cigarettes and frequently drank alcohol.
The mother stated the father had been a loving person but later became controlling. The father has been hospitalized three times and been diagnosed as bipolar. The mother stated she and the father fought over the car. This was because the maternal grandmother wanted the car back since the father was not looking for employment. The mother told the father she was not getting out of the car and requested the car keys. The father tried to shove her out of the car but the mother held onto the bar at the top of the door. The father began pushing the mother's head down towards the steering wheel and attempted to pry her fingers from the top of the door. After the father realized the mother was not going to get out of the car, he gave her the car keys and exited the vehicle. The mother then took the car to the maternal grandmother. The maternal grandmother insisted the mother go to the emergency room. The mother confirmed the father karate chopped her in the back and shoved her. Also, the father shoved the paternal grandmother when he was in his manic state. When the father shoved the paternal grandmother against the wall, he knocked the glasses off her face. The mother stated the father also threw the youngest boy, E.D., into the hallway. The mother said the father spanked the children with a belt and favored the three younger boys over the two oldest youngsters.
The father appeared agitated during the early portion of his interview. He denied the allegations against him including hitting the mother. The father claimed the mother had deceived the social worker. The father stated his belief that the mother began to present him as being mentally unstable to "divert attention" from her infidelity. The father denied using his machete as a weapon. The father stated he was dancing to his favorite rap artist and "doing a special form of martial arts" with the machete. The father stated the children appeared intrigued so he "began to dance" with the sword in the living room. The father stated the children kept their distance and he would not have done anything to endanger their lives. He denied pushing or hitting any of his children and stated he never smoked marijuana in front of them. The father admitted he used to smoke marijuana a lot but had not done so in a long time. The father admitted he drank alcohol but did not do so every day. The father acknowledged he moved his children into the living room while they were in bed. The father karate chopped the mother and paternal grandmother with his hands because they hit him and he was trying to keep them from hurting the children.
The paternal grandmother, Mary D., claimed the mother was upset because the father ended their relationship. This occurred after he found out the mother was promiscuous. The paternal grandmother admitted the father has a machete but stated the children had told him that they were unafraid. The paternal grandmother acknowledged the father had "indulged in smoking marijuana and drinking" but stated the mother has also done the same in the past. The paternal grandmother admitted the father has been hospitalized in the past but asserted this is because the mother has convinced everyone that he is mentally ill. The paternal grandmother did not deny that the father had anger issues but believed it should not be confused with mental illness.
The paternal grandmother denied ever seeing the father hit or push the children. But she has seen the father "thump" A.D. in the forehead or chest area. This was done to discipline A.D. when he misbehaved. The paternal grandmother stated she has seen the father "grab the children and hold their faces close to his" face in order to get their attention. The paternal grandmother acknowledged being at the family home during an argument between the parents. The father became upset when the mother took the children into their bedroom and locked the door. The father wanted to talk to the children about what was going on with the mother. The paternal mother denied the father shoved her against a wall. The paternal grandmother also denied the father intentionally shoved or struck the mother in the face.
The maternal grandmother, Catalina B., stated she has never seen the father use drugs or alcohol. But because of his "erratic behavior," she suspected that he had. According to the social worker: "She stated [the] father would sometimes be angry and confrontational and then would appear to be okay. She further stated [the] father would go from one extreme to another." The maternal grandmother never saw the father hit the children. But A.H. complained about being grabbed and hit in the face. The jurisdiction/disposition report relates: "She stated [A.H.] stated he wanted to kill himself because of how his father treated him and other family members. Maternal grandmother stated the children are doing better. She further stated the children appear happy and she has heard [of] no other threats to harm others or themselves." At another point, the social worker noted, "[The maternal grandmother] is happy [the] mother has moved on with her life."
C. Jurisdiction/Disposition Hearing
At the May 27, 2011 jurisdiction and disposition hearing, the juvenile court considered the department's jurisdictional and dispositional report, the detention report and the father's medical records. The medical records from Harbor-UCLA Medical and PennMar Therapeutic Centers show the father was diagnosed as having bipolar affective disorder and schizoaffective disorder. According to a February 20, 2009 PennMar Therapeutic Center psychiatric evaluation, the father denied threatening to kill family members. The father stated his entire family had lied about his erratic mental state. The father denied hearing voices but he appeared "very delusional, paranoid and suspicious" according to the psychiatric evaluation. The psychiatric evaluation noted the father has had multiple hospitalizations and was at PennMar in September 2008. The father was noncompliant to outpatient treatment. The September 4, 2008 PennMar psychiatric evaluation and psychosocial assessment indicated the father was placed on a 72-hour hold. This occurred after neighbors called the emergency operator because the father was threatening people. The neighbors could not see the persons the father was threatening to injure. The father blamed his parents and the mother for conspiring against him and provoking him. The 2008 evaluation and assessment noted the father was previously hospitalized at Gateways Hospital in November 2007. According to the 2008 assessment, the father had: poor insight into his illness; poor impulse control; and impaired judgment.
At the May 27, 2011 hearing, the father testified regarding the allegations in the petition and denied any wrongdoing. The father denied injuring the mother's thumb. The father testified he previously owned a machete for yard work use. He stated he used the machete while exercising in the living room while the children were about 10 feet away. The father denied the children were afraid.
The father denied injuring the children. The father denied using "excessive force" when pushing A.H. The father testified he usually disciplined the children by talking to them and taking away privileges. He stated at times he "redirected" the children's faces when they were not paying attention to him but he did not hurt them. The father also denied throwing or dragging any of the children into the hallway. In addition, he denied ever striking the paternal grandmother.
In terms of the car incident, the father explained: "[My youngest child] called me from someone's phone on the school campus saying he wanted to see me. He didn't see me yesterday and that he missed me. Then he said something else that I wasn't able to make out. . . . [¶] I pulled up to where I would normally see the children where they come every day after school." The youngsters were not present but the father was directed by a teacher to where the children might be. The father found the three youngest children who were accompanied by the mother. The children got into the car. The mother said that the children could talk to him though the car window. The father began to shake the children's hands. The father denied pushing the children or the mother.
The father testified he has a prescription for marijuana but does not smoke it all the time. He denied he ever smoked marijuana around the children. The father denied drinking a bottle of alcohol on a daily basis. But he admitted he occasionally drank alcohol in front of the children.
The father acknowledged he was admitted for psychiatric evaluation against his will on three separate occasions. The father asserted that every time he has been hospitalized at a psychiatric facility, it was based on hearsay. The father acknowledged that when he was released from the facilities, it was recommended he undergo outpatient treatment. The father claimed he once sought outpatient treatment. The father admitted he did not take any prescribed psychiatric medication.
After the father's testimony, the juvenile court heard argument from counsel. During argument, the father interrupted by making arguments and asking questions. The juvenile court remarked: "One thing, your behavior, in not stopping talking through the whole hearing -- [your counsel] has been having a difficult time throughout the hearing. He is trying to listen to what is going on and you just keep talking to him. It doesn't speak well for your mental health, and it certainly does not speak well for [your counsel] being able to get you a good trial here." After oral argument, the juvenile court stated: "Let me just suggest, the root of this problem seems to be mental illness and bizarre behavior by the father, which has included domestic violence on mother and inappropriate—I don't know if it is discipline. Maybe we can go with inappropriate discipline on the children. Father has chosen to self-medicate with alcohol and marijuana rather than take prescribed medication. We'll leave it with that, and it does pose a danger to the children." The court stated it wanted to have a section 300, subdivision (b) count "rewritten, including" these addressed matters.
After a recess, the juvenile court stated the amended allegation would be sustained as a section 300, subdivision (a) count. The juvenile court sustained the following section 300, subdivision (a)(7) count: "Father has mental health issues which have resulted in domestic violence incidents with mother and the paternal grandmother in the children's presence and inappropriate physical discipline against the children and bizarre behavior. Further, father has been noncompliant with prescribed psychotropic medication and has self medicated with alcohol and marijuana. Said conduct on father's part has adversely impacted the children and poses a substantial risk of physical harm to them." The juvenile court found by a preponderance of the evidence the section 300, subdivision (a)(7) allegation was true. The juvenile court also found the children were persons described in section 300, subdivision (a). The children were placed with the mother under the department's supervision. The juvenile court ordered family reunification services for the father, including: a drug and alcohol program; random drug and alcohol testing; and mental health treatment. The juvenile court also ordered the father to take all prescribed psychotropic medications.
The father timely filed a notice of appeal on June 1, 2011.
III. DISCUSSION
A. Standard of Review
We review the juvenile court's jurisdictional and dispositional findings and orders for substantial evidence. (In re E.B. (2010) 184 Cal.App.4th 568, 574-575; In re J.K. (2009) 174 Cal.App.4th 1426, 1433.) Substantial evidence is relevant evidence which adequately supports a conclusion; it is evidence which is reasonable in nature, credible, and of solid value. (In re J.K., supra, 174 Cal.App.4th at p. 1433; In re E.B., supra, 184 Cal.App.4th 568, at p. 575.) We draw all reasonable inferences from the evidence to support the findings and orders of the juvenile court and we adhere to the principle that issues of fact, weight and credibility are the provinces of the juvenile court. (In re Savannah M. (2005) 131 Cal.App.4th 1387, 1393; In re Shelley J. (1998) 68 Cal.App.4th 322, 329.)
B. Sufficiency of Evidence for Jurisdictional Findings
Section 355, subdivision (a) provides: "At the jurisdictional hearing, the court shall first consider only the question whether the minor is a person described by Section 300. Any legally admissible evidence that is relevant to the circumstances or acts that are alleged to bring the minor within the jurisdiction of the juvenile court is admissible and may be received in evidence. Proof by a preponderance of evidence must be adduced to support a finding that the minor is a person described by Section 300 . . . . " Section 300, subdivision (a) provides in pertinent part: "Any child who comes within any of the following descriptions is within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court: [¶] (a) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the child's parent or guardian. For the purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the child's siblings, or a combination of these and other actions by the parent or guardian which indicate the child is at risk of serious physical harm. . . ."
The father argues the evidence does not support the juvenile court's jurisdictional finding under section 300, subdivision (a). This contention is frivolous when considered in light of the standard of appellate review of the finding the father placed the children at risk. There is substantial evidence to support the juvenile court's section 300, subdivision (a) jurisdictional finding. It is undisputed the father has mental health issues. The father has been involuntarily hospitalized on three separate occasions. The father has been diagnosed as having bipolar affective and schizoaffective disorders. The juvenile court observed the father during the jurisdictional and disposition hearing. The juvenile court noted that the father interrupted the hearing with questions and arguments. The juvenile court concluded based on the father's medical records and its own observation that the father had mental health issues. In addition, the father admitted he was non-compliant with prescribed psychotropic medication and chose to self-medicate with alcohol and marijuana.
Also, there is substantial evidence to support the section 300, subdivision (a)(7) allegation that the father's mental health issues have resulted in domestic violence incidents with the mother and paternal grandmother in the children's presence. The mother and four children, Y.H., A.H., U.D. and S.D. described the shoving incident. Y.H., A.H., U.D. and S.D. also stated the father physically abused the mother. The mother confirmed her children's statements to the social worker. Y.H. saw the father push the mother against the wall when she tried to get the father to leave the bedroom. A.H. saw the father yell and curse at the mother, pull her hair, karate chop her back, and push her. U.D. saw the father yell and hit the mother, pull her neck and karate chop her on her back. S.D. confirmed the father karate chopped the mother on her back. The mother also stated the father karate chopped her in the back and shoved her when he was in his manic state. In addition, the mother stated the father tried to push her out of a car during an argument and injured her thumb during the incident.
Furthermore, there is substantial evidence to support the juvenile court's finding of inappropriate physical discipline against the children and bizarre behavior by the father. The mother and children, Y.H., A.H., U.D., stated the father once threw the youngest child, E.D., into the hallway. This occurred when the father was in his "mode" as the mother described his erratic mental state. The mother also stated the father spanked the children with a belt and favored the three younger boys over the two oldest youngsters. A.H. said he was spanked with a belt and once pushed in the chest. U.D. was hit in the chest during a fight with E.D. In addition, the father scared the children by inappropriately swinging a machete around the living room. There is evidence the father struck the machete against a mattress frame and a toy cow head riding stick in the children's presence. The father's bizarre behavior and physical abuse of the mother, paternal grandmother and some of his children support the juvenile court's jurisdictional findings. In addition, the father's failure to acknowledge his mental illnesses and to obtain outpatient treatment and take medication for his mental illnesses create a substantial risk that the children will suffer future serious physical harm at the hands of the father. No rational argument can be made that substantial evidence does not support the jurisdictional findings as it relates to the children being at risk.
IV. DISPOSITION
The juvenile court's May 27, 2011 jurisdictional findings under Welfare and Institutions section 300, subdivision (a) is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER, P. J.
We concur:
ARMSTRONG, J.
KRIEGLER, J.