Gerardo A. v. Sup. Ct.

Filed 1/12/07  Gerardo A. v. Sup. Ct. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            ORIGINAL PROCEEDING; Petition for extraordinary writ.  Anthony Trendacosta, Commissioner.  Writ denied.

            John Newman for Petitioner.

            No appearance for Respondent.

            Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Lisa Proft, Deputy County Counsel, for Real Party in Interest.

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            Petitioner Gerardo A., Sr., seeks extraordinary writ review of a juvenile court order terminating his reunification services and setting the matter for a permanency planning hearing.  (Welf. & Inst. Code, §  366.26, subd. (l);^[1] Cal. Rules of Court, rule 38.1.)  We deny the petition.

I.  PROCEDURAL HISTORY AND STATEMENT OF FACTS

            On October 27, 2004, the Los Angeles County Department of Children and Family Services (DCFS) filed a dependency petition on behalf of Gerardo A., Jr., (Gerardo) (born Feb. 2002) and Diana C. (Diana) (born Oct. 2004), alleging that Diana had tested positive for cocaine at birth, and that her mother had an unresolved substance abuse problem which placed the children at risk of harm.  With respect to petitioner, it was alleged he had a history of engaging in domestic altercations with the mother, and that such conduct placed the children at risk of harm.

            Detention Hearing.  A detention hearing was held on October 27, 2004.  DCFS reported that Diana had been born with a positive toxicology screen for illegal drugs and that the mother, who had received no prenatal care, had delivered Diana at home.  The mother claimed she did not receive prenatal care because petitioner had pressured her to have an abortion and threatened her because she was attending domestic violence classes.  As a result, the mother fled to Mexico for a month.  The mother also claimed petitioner had physically abused her in the past.  Petitioner admitted that he could be Diana's father and stated that if he was, he would support her.

            At the conclusion of the detention hearing, the juvenile court ordered DCFS to provide petitioner with family reunification services, ordered Gerardo and Diana placed in foster care and granted petitioner monitored visitation.

            Jurisdiction Hearing.  A jurisdiction hearing was held on January 13, 2005.  When interviewed by DCFS, the mother indicated that someone other than petitioner might be Diana's father and that she fled to Mexico because he had been threatening to beat her if she did not pay him the money she owed him.  With respect to petitioner, the mother claimed he had abused her throughout their relationship by violently shaking her and bruising her arms and legs but that she never called the police or told anyone about the abuse.  In May 2003 petitioner hit her on the head and back with a broomstick.  She contacted the police and as a result, petitioner was arrested and a protective order was issued.  She stated that the abuse occasionally occurred in front of Gerardo and that petitioner would drive his car while intoxicated with Gerardo in the car.  Although the mother believed petitioner was a â€