In re David A

Filed 4/10/06 In re David A. CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from an order and judgment of the Superior Court of Los Angeles County. David S. Milton, Judge. Affirmed.

Nancy O. Flores, by Appointment of the Court of Appeal, for Defendant and Appellant Denise P.

Kate M. Chandler, by Appointment of the Court of Appeal, for Defendant and Appellant Joseph G.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Jerry M. Custis, Senior Deputy County Counsel, for Plaintiff and Respondent.

A mother and father appeal from a judgment terminating parental rights. They contend the juvenile court abused its discretion in denying the mother's petition seeking to modify the juvenile court's order to permit her to have liberalized unmonitored visitation with her three children, leading to their eventual return to her custody. The mother also maintains the court erred in finding she did not satisfy the exception to termination of parental rights set forth in Welfare and Institutions Code section 366.26, subdivision (c)(1)(A).[1] We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

Three children are involved in this appeal: eight-year-old David A. (born in June 1997), his seven-year-old brother, Daniel A. (born in September 1998), and their half-sister, two-year-old J.G. (born in February 2004). Appellant Denise P. (Mother) is the mother of all three children. Her husband, appellant Joseph G. (Joseph), is J.'s father, and stepfather to David and Daniel. The boys' father, David A., Sr., (David Sr.)[2] is not a party to this appeal.

This action was initiated and the children were detained in late February 2003, after respondent Department of Children and Family Services (DCFS) received a police report regarding child abuse in the family home. The section 300 petition, filed March 5, 2003, alleged Joseph had engaged in numerous acts of domestic violence against Mother and both boys. Joseph often hit Mother. He beat and choked her, and struck her on the face with his fist in front of her sons. Daniel reported Joseph once kicked him in the head near his eye. Joseph often hit one or both boys on the head, face, arms, hands, upper torso and legs, sometimes with a closed fist. The petition alleged Mother failed to protect her sons, and allowed Joseph, who had a significant criminal history, to abuse alcohol in the children's presence. David said Mother told him she would leave Joseph, but she never did. Both boys feared their stepfather. David Sr. was incarcerated for felony burglary at the time the petition was filed, and remained in prison throughout this case. The boys' maternal grandmother told DCFS Joseph often was drunk and was violent with the boys. Following their detention, the boys were placed with their paternal grandparents.

Mother denied Joseph had a problem with drugs, alcohol or domestic violence. She said he was just â€