Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. CK79765 Zeke Zeidler, Judge.
Jack A. Love, under appointment by the Court of Appeal, for Defendant and Appellant Ronald H.
Eva E. Chick, under appointment by the Court of Appeal, for Defendant and Appellant Jennifer H.
Andrea Sheridan Ordin, County Counsel, James M. Owens, Assistant County Counsel, Navid Nakhjavani, Deputy County Counsel, for Plaintiff and Respondent.
ARMSTRONG, Acting P. J.
Jennifer and Ronald H. came to the attention of the DCFS because, at two months of age, their son's right ear became red and swollen. To this day, there is no consensus among the medical professionals concerning the cause of this condition. However, because some of his treating physicians opined that the condition could only have been caused by abuse, we are constrained to affirm the jurisdiction and disposition orders.
Julian and his sister Reagan were born in September 2009 into a large blended family which included their two-year-old sister Isabelle and four step- or half-siblings: Rebecca (age 11) and Sara (age 8), the children of mother and her former husband Scott F., and Nicholas (age 8) and Sophia (age 7), the children of father and his former wife Kelly B. By all accounts, this was a loving and happy family with no prior contact with the Department of Children and Family Services (DCFS).
At two months old, Julian's right ear began to swell. His pediatrician, Dr. Teperson, determined that he had mastoiditis, a complication of an ear infection. Julian was admitted to the hospital, where he stayed for ten days. During this time, antibiotics were administered, the swelling subsided, and the ear was drained. While at the hospital, the left ear began to swell slightly. Neither Dr. Teperson nor any other medical personnel caring for Julian during his lengthy hospital stay suspected that Julian was the victim of abuse.
Within five days after he was released from the hospital (December 5, 2009), Julian's left ear had become more swollen. He was transported to County USC Hospital, where he remained for six days. The County USC doctors discovered two subdural hematomas; concluded that Dr. Teperson had misdiagnosed Julian's condition; suspected that Julian's ear swelling was a result of trauma; diagnosed Julian with Boxer's Ears; and reported their suspicions to DCFS. Dr. Teperson disputed that the right ear swelling was caused by trauma, and did not believe that there was any abuse by the parents.
Julian's parents had no explanation for his maladies. Based on the County USC reports that Julian's injuries were the result of trauma, and because the parents could provide no explanation for the injuries, DCFS determined that the safety of all of the children was at risk, and filed petitions under Welfare & Institutions Code section 300 petition. At the detention hearing on December 11, 2009, the two oldest children were released to their father, a non-offending parent. The remaining five children were ordered detained, and were placed in foster care. On January 25, 2010, Julian, Reagan and Isabelle were placed with their maternal grandmother.
The jurisdictional hearing, delayed so that DCFS could gather its evidence, was ultimately held on July 16, 2010. Dr. Shaw testified as an expert for the minors. He noted that he had reviewed the records from County USC Hospital; the opinions of that facility's medical personnel, including Dr. Astrid Heger, were introduced through Dr. Shaw's references to those records, as well as through his testimony concerning his conversations with them. Though many doctors were involved in the case, the experts did not agree on the cause of Julian's condition. Thus, for example, Dr. Shaw agreed with Julian's neurologist that Julian's injuries were a rare anomaly and that the brain injury was not the result of abuse, but disagreed with his conclusion that Dr. Teperson had correctly diagnosed the right ear as a mastoiditis. Dr. Shaw could not opine that Julian's condition was caused by abuse, while Dr. Heger believed that it was. Specifically, Dr. Heger believed that the deformation of the ears was caused by non-accidental trauma. Disagreeing with this opinion, Dr. Don, an otolaryngology specialist, concluded that the "deformed" appearance of the ears was due either to a congenital deformity or to the development of cysts. Moreover, some explanations of Julian's injuries which supported a finding of abuse were inconsistent with the fact that his left ear started to swell more than a week after he had been admitted to Antelope Valley Hospital, and thus was not in the custody of the parents.
The juvenile court dismissed all counts of the petition save b-1 and j-1, which concluded that "The unreasonable, deliberate and/or neglectful conduct of the child's parents endanger the child's physical and emotional health and safety and place the child and the child's siblings, Isabelle H. and Reagan H. at risk of physical harm, damage and danger." It then dismissed the counts relating to Rebecca and Sara, as well as all counts on the companion case regarding Nicholas and Sophia. At the dispositional hearing held on July 23, 2010, the court released Julian, Reagan and Isabelle to their parents, and ordered family maintenance services, including a parenting class for parents of medically fragile children. The parents timely appealed both the jurisdiction and disposition orders.
As a recitation of the medical opinions submitted to the juvenile court makes clear, there was substantial evidence that the condition of Julian's ears was not the result of anything the parents did or did not do. The question presented on appeal, however, is not whether there is substantial evidence to support appellants' position, but whether there is substantial evidence to support the finding made by the trial court. (D.M. v. Superior Court (2009) 173 Cal.App.4th 1117, 1128; In re Stephen W. (1990) 221 Cal.App.3d 629, 644, fn. 12.) We must conclude that there is, as Dr. Heger opined that the deformation of Julian's ears was caused by non-accidental trauma. We therefore affirm the jurisdictional order.
As to the dispositional order: The parents cite the evidence presented to the juvenile court that, on their own initiative during the pendency of the petition, they each completed a seven-week parenting program and, since March 2010, had been enrolled in anger management classes and had been receiving individual therapy, all without court order. They had also been diligently working with both DCFS and Dr. Teperson to address Julian's medical needs, and had followed up on the Regional Center's referrals for their child. They argued below, and repeat on appeal, that there is nothing in the record to suggest that they require DCFS assistance to maintain their family. Consequently, they contend that the juvenile court erred in maintaining jurisdiction over the family.
The parents cite no cases in support of their argument. The juvenile court has discretion to fashion a disposition appropriate to the circumstances of the particular case. (In re Corey A. (1991) 227 Cal.App.3d 339, 346.) Here, the court returned the children to the parents' care and ordered family maintenance services, including a parenting program concerning medically fragile children. We see no abuse of discretion in that order.
DISPOSITION
The jurisdiction and disposition orders are affirmed.
We concur: KRIEGLER, J., KUMAR, J.
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.