In re J.M.P.
Filed 6/8/06 In re J.M.P. CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| In re J. M. P. et al., Persons Coming Under the Juvenile Court Law. | B184876 c/w B185887 (Los Angeles County Super. Ct. No. CK58013) |
| LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. RODRIGO R., Defendant and Appellant. |
Appeal from orders of the Superior Court of Los Angeles County, Sherri S. Sobel, Referee. Affirmed.
Andrea R. St. Julian, under appointment by the Court of Appeal, for Defendant and Appellant.
Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Jerry M. Custis, Deputy County Counsel, for Plaintiff and Respondent.
__________________________
INTRODUCTION
Rodrigo R., biological father of two girls, J.M.P. (age 3) and J.A.P. (age 1), appeals from the orders of the juvenile court that denied his petition to establish his paternity, denied him reunification services, and determined that he lacked standing to appear further in this dependency. We affirm the orders.
FACTUAL AND PROCEDURAL BACKGROUND
1. The dependency is established.
L.L. is the mother of the two girls and a six-year-old daughter, who is not at issue in this appeal. Mother and Jose P. married before 1999 and before any of the children were born, and have remained married throughout this dependency. Jose is named on the birth certificates as the children's father and believed he is their father but his paternity was in question. Rodrigo was mother's boyfriend.
All of the adults have criminal histories. Jose has a history of warrants and convictions for corporal injury to a spouse from 1999 and 2002. Mother has convictions or sustained juvenile petitions for battery on a police or emergency worker and burglary. Rodrigo has a 1998 conviction for driving under the influence of alcohol or drugs, causing bodily injury, and in 2001 for engaging in prostitution.
Mother and Jose admitted they use crack cocaine. In July 2004, the family entered into a voluntary family maintenance contract with the Department of Children and Family Services (the Department). Mother breached the contract.
In February 2005, the Department's social worker with the aid of the police responded to a child-abuse referral at the family home. Once in the house, the social worker found ant poison spread everywhere including on the children's toys and clothing and within reach of the girls. Jose appeared to be on drugs and the house was filthy. Mother reported that Jose was using drugs and cooked them in the family bathroom. The children were detained.
Although Rodrigo stated his willingness to take custody of the three girls at the time they were detained, the Department placed the children in foster care. The Department filed a petition alleging Jose's and mother's substance abuse rendering them unable to care for the children; Jose's drug manufacturing in the family home; and mother's failure to complete her contractual obligations, all of which endangered the children. (Welf. & Inst., § 300, subd. (b).)[1] The court sustained the petition on March 10, 2005, and denied reunification services to Rodrigo on the ground he was not a presumed father, (§ 361.5, subd. (a)) but allowed him monitored visits at least once a week. Mother and Jose were awarded reunification services.
On February 10, 2005, Jose filed a paternity petition asking for a judgment that he was the father of the children. After finding that the eldest girl and J.M.P. were a bonded sibling group, the juvenile court found that Jose was the presumed father of the eldest child. The court then ordered genetic testing of Jose, Rodrigo, and the two younger girls.
On March 10, 2005, Rodrigo filed a petition asking for a judgment of his paternity of J.M.P. and J.A.P. Mother told the social worker that when she had problems with Jose, she would visit Rodrigo. The Department reported that Rodrigo called for about a week after the detention to inquire about the children and about possible visits. The social worker found Rodrigo to be â€
