In re Juan T.
Filed 5/10/06 In re Juan T. CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO
| In re JUAN T. et al., Persons Coming Under the Juvenile Court Law. | B182775 (Los Angeles County Super. Ct. No. BT026189, BN004313) |
| E. E., Plaintiff and Respondent, v. K. J., Defendant and Appellant. |
APPEAL from a judgment of the Superior Court of Los Angeles County.
John L. Henning, Judge. Affirmed.
John L. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant.
Janette Freeman Cochran, under appointment by the Court of Appeal, for Plaintiff and Respondent.
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An inmate on Death Row is appealing the trial court's decision to terminate his parental rights. The decision is likely to lead to the adoption of the inmate's three children by their stepfather. The trial court found two statutory bases for freeing the children from parental custody and control: first, the court found that the inmate has abandoned his children without providing for their support, and, second, the court found that the inmate is an unfit parent owing to the egregious crimes he committed. We conclude that the trial court's findings are supported by substantial evidence.
FACTS
The Adoption Petition
Appellant K. J. (Father) is the natural father of three minor children, K. Jr. and twin daughters C. and K. (collectively, the children). Father is a prisoner at San Quentin, following his 1998 conviction on capital murder charges. His conviction and death sentence are currently on automatic appeal to the state Supreme Court.[1] (Pen. Code, § 1239, subd. (b).)
Respondent E. E. is the children's stepfather. He is married to M. E. (Mother), the children's natural mother. In May 2002, with Mother's consent, respondent filed a petition to adopt the children, as well as an older child of Mother's, Juan T., born in 1993. Juan T.'s natural father is deceased. Father opposed the adoption and requested legal assistance to assert his parental rights. The court appointed counsel to represent Father. The court also appointed separate counsel for respondent, for Mother, for the children, and for Juan T.
Respondent's adoption petition was evaluated by the Los Angeles County Department of Family and Children Services (DCFS), which recommended the approval of respondent's petition and the termination of Father's parental rights. The DCFS evaluation noted that respondent is employed as a software engineer, and has excellent references with regard to his character, stability, and parenting ability. Respondent's marriage to Mother was described as â€
