Filed 11/28/05 In re Savannah L. CA1/4

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re SAVANNAH L., a Person Coming Under the Juvenile Court Law.
MENDOCINO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. EDWARD L., Defendant and Appellant.	A109581 (Mendocino County Super. Ct. No. SCUK-JVSQ-04-14206-01)

Edward L. (Father) appeals after the juvenile court denied him reunification services with his daughter Savannah L., a dependent child. He contends the evidence does not support the juvenile court's finding that reunification services would be detrimental to Savannah, and that the court acted under a misunderstanding of the applicable law. We affirm.

I. BACKGROUND

The Mendocino County Department of Social Services filed a petition under Welfare and Institutions Code[1] section 300 on December 15, 2004. The petition alleged that Savannah L. and Ashlynn B. lived with their mother, D. B. (Mother). According to the petition, the family home was filthy, smelling of cat and human urine, with rotting food and garbage. The kitchen sink was overflowing with cold dishwater, with grease floating on top. The house was cluttered. An old car battery was attached to an electric heater with wires. Mother had an ongoing problem with substance abuse, which impaired her ability to care for her children and to manage her anger. The petition alleged that on several occasions, Mother had left her two daughters with a male friend, Geraldo P., who had sexually molested the girls.[2] The petition also alleged that Savannah's father, Edward L., failed to provide for physical, emotional, or financial support.[3] According to a detention report, when the girls were detained, four-year-old Savannah was extremely dirty, she smelled bad, and her hair was matted and dirty. Ashlynn, who was four months old, had a severe case of diaper rash. Mother said that Ashlynn had not been to the doctor since she was one month old and did not need to see a doctor.

Father, who was incarcerated at the Correctional Training Facility at Soledad, was represented by counsel at the February 8, 2005, jurisdiction hearing. His counsel submitted on the jurisdiction report. The juvenile court found it had jurisdiction.

Savannah's great-grandmother, June M., filed a de facto parent request on February 23, 2005, indicating Savannah had been living with her since February 3, 2005.

According to the disposition report, Mother's mother, Lori P., reported that Savannah last saw Father when she was about one year old. Father was incarcerated in Southern California for burglary and possession of a controlled substance. He expected to be released in October 2005. He had a criminal history dating from 1990, including many arrests and four previous convictions for drug-related offenses. The report stated that Father had had â€