In re Turina J.

Filed 6/7/06 In re Turina J. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

APPEAL from a judgment of the Superior Court of Fresno County. Wayne R. Ellison, Judge.

Catherine Campbell, under appointment by the Court of Appeal, for Defendant and Appellant.

Dennis A. Marshall, County Counsel, and Howard K. Watkins, Deputy County Counsel, for Plaintiff and Respondent.

-ooOoo-

Darryl J. (Father) contests the dispositional order removing his children Turina and Joseph from his custody. He also claims the Fresno County Department of Children and Family Services (Department) failed to provide reasonable services to his family. We disagree and affirm.

PROCEDURAL AND FACTUAL HISTORY

A juvenile dependency petition filed on February 24, 2005, alleged Father's oldest child, Bryan J., age 10,^[1] was subject to juvenile court jurisdiction under Welfare and Institutions Code^[2] section 300, subdivisions (a) and (c). The petition alleged that on February 19, 2005, Father sat on top of Bryan and struck him in the face, causing bruising. It further alleged that Bryan was at a substantial risk of severe emotional damage, as evidenced by his aggressive behavior toward his family. The petition alleged that Bryan required a level of care Father was unable to provide. Father had sole custody of Bryan. Bryan's biological mother lived in Missouri. She had abducted Bryan as a baby, and a Missouri court ordered Bryan returned to Father when he was four.

A second dependency petition filed the same day alleged Father's two younger children by his wife, Frances J. (Mother), were subject to juvenile court jurisdiction under section 300, subdivision (a). The petition alleged six-year-old Turina and three-year-old Joseph were at risk of physical abuse due to Father's abuse of Bryan.

A report filed in anticipation of the detention hearing for Bryan chronicled the difficulty Father and Mother had in controlling Bryan. Bryan was diagnosed with attention deficit hyperactivity disorder, intermittent explosive disorder, and oppositional defiant disorder. He had a great many behavioral difficulties and learning disabilities. There were a number of contacts between the Department and Father and Mother, most of them either resulting from allegations of abuse by Bryan or made on his behalf. The reports of abuse were made between February 2001 and January 2005, and the resultant injuries were largely â€