In re Ariana C.
Filed 6/12/06 In re Ariana C. CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 SEVEN
| In re ARIANA C., a Person Coming Under the Juvenile Court Law. | B187563 (Los Angeles County Super. Ct. No. CK 46835) |
| LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. GARNETT C., Defendant and Appellant. |
APPEAL from an order of the Superior Court of Los Angeles County. Irwin H. Garfinkel, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Lisa A. DiGrazia and John L. Dodd and Associates, under appointment by the Court of Appeal, for Defendant and Appellant.
Linda Bassett Husain and Arwen Johnson, Certified Law Students, Patrick D. Goodman, Supervising Attorney UCLA School of Law Clinical Program; Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Pamela S. Landeros, Deputy County Counsel, for Plaintiff and Respondent.
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Garnett C., the father of minor Ariana C., appeals from the order terminating his parental rights. Appellant contends there was no substantial evidence supporting the juvenile court's finding the Welfare and Institutions Code section[1] 366.26, subdivision (c)(1)(A) exception to the termination of parental rights did not apply. We affirm.
FACTUAL AND PROCEDURAL SYNOPSIS
I. Dependency
In November 2001, Ariana and her half-sister W.[2] were taken into protective custody because their mother physically abused W. and because the children were exposed to domestic violence between their mother and appellant. Appellant has cerebral palsy, and the mother was disabled by a birth defect which affected the growth of her arms. The children were placed in foster care and declared dependents under section 300, subdivisions (a) (substantial risk of serious harm), (b) (failure to protect), and (j) (abuse of a sibling). Appellant did not contest the first amended section 300 petition. The children remained with the same foster family throughout the dependency proceedings.
Appellant lived in a one-bedroom apartment for the disabled and supported himself primarily with social security income. Appellant had no psychiatric or substance abuse history and no criminal or child abuse record.
II. Reunification Period
From December 2001 until June 2002, appellant was limited to monitored visits with Ariana. In the June 2002 report, the Department of Children and Family Services (â€
