In re Sebastian V.



Filed 6/13/11 In re Sebastian V. CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

In re SEBASTIAN V., a Person Coming Under the Juvenile Court Law.	B228001
LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. JOSE V., Defendant and Appellant.	(Los Angeles County Super. Ct. No. CK83801)

APPEAL from an order of the Superior Court of Los Angeles County. Albert Garcia, Referee. Affirmed.

Matthew I. Thue, under appointment by the Court of Appeal, for Defendant and Appellant.

Andrea Sheridan Ordin, County Counsel, James M. Owens, Assistant County Counsel, Kim Nemoy, Deputy County Counsel, for Plaintiff and Respondent.
__________________________
Jose V. (father) appeals from the order adjudicating his son, Sebastian V. (Sebastian), a person described by Welfare and Institutions Code section 300, subdivision (b) and placing Sebastian in out-of-home placement.[1] He contends the adjudication and disposition were not supported by substantial evidence. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Sebastian was born at Pacific Alliance Hospital (Pacific Alliance) in July 2010. The family came to the attention of the Los Angeles County Department of Children and Family Services (DCFS) two weeks later, when Sebastian was hospitalized in the Neonatal Intensive Care Unit of the Los Angeles County-USC Medical Center, suffering from septic shock and multiple organ failure. Sebastian was detained on August 20.
According to the detention report, Sebastian lived with mother and his four half siblings.[2] Father did not live with them, but he was actively involved in Sebastian's care. On August 5, 2010, father and mother noticed that Sebastian, then seven days old, seemed unwell, with symptoms that included vomiting after most feedings. Two days later, on August 7, mother took Sebastian to Pacific Alliance while father was at work. When father arrived at mother's home after work that day, mother told him that Sebastian had a 102 degree fever and that the hospital had instructed her to take Sebastian to Children's Hospital Los Angeles.[3] Father did not know why mother did not take Sebastian to Children's Hospital as directed; father did not take the initiative because mother was in charge of Sebastian's care. Although Sebastian's fever had subsided, he cried often and continued to vomit over the next week. On August 15, father and mother bathed Sebastian, hoping this would calm him; when Sebastian continued to be â€