In re Raven A.





















Filed 8/6/10 In re Raven A. CA2/5

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>NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115 >.











IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND
APPELLATE DISTRICT



DIVISION
FIVE




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In re RAVEN A., a Person Coming Under the Juvenile Court Law.	B221613 (Los Angeles County Super. Ct. No. CK57984)
LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. KELVIN A., Defendant and Appellant.

APPEAL from
the judgments of the Superior Court
of Los Angeles
County, Terry Truong, Juvenile Court Referee. Affirmed.

Andrea R.
St. Julian, under appointment by the Court of Appeal, for Defendant and
Appellant.

Andrea
Sheridan Ordin, County Counsel, James M. Owens, Assistant County Counsel, and
Byron G. Shibata, Deputy County Counsel, for Plaintiff and Respondent.



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In
appellate court case No. B221613, Kelvin A. (father) appeals from orders of
December 22, 2009, denying his requests for custody of Raven A. under section
388 of the Welfare and Institutions Code^[1] and for a paternity test to determine if he is
Raven's biological father. Father
contends the dependency court abused
its discretion in denying his section 388 and paternity requests. We conclude denial of the section 388
petition was not an abuse of discretion.
Subsequent to the orders appealed from, the court terminated father's
parental rights, and father appealed the termination order. As we affirmed the termination of father's
parental rights in an opinion filed today in father's appeal of the termination
order, the issue of paternity testing is moot.
(See Los Angeles Department of
Children and Family Services v. Kelvin A. (In re Raven A.), B222146, opn. filed August 6, 2010.)^[2] Accordingly, we affirm the orders.



>FACTS AND PROCEDURAL HISTORY



Raven
was born to R.P. (mother) ^>[3]
and father in February 2007 with dextrocardia, a heart condition. Detained at birth because mother tested
positive for drugs, Raven was placed in the foster home of Yolanda B.

Parents
had a history of substance abuse and
criminality.^[4] Father currently abused marijuana and
alcohol. He regularly got drunk and beat
mother, blackening her eyes and lacerating her mouth.

On
February 22, 2007, father
submitted form JV-505 (Statement Regarding Parentage), requesting a finding he
is Raven's presumed father. He stated he
believed he was the father, signed a paternity declaration at the hospital when
Raven was born, told friends and family the child was his, and participated in
activities and visits with the child at the hospital. The dependency court found father is Raven's
presumed father.

Father
was arrested in March 2007 for infliction of corporal injury on mother, but the
case was dismissed, because mother refused to testify.

Raven
was declared a dependent of the court on June 14, 2007, based on sustained allegations under
section 300, subdivision (b) that she has suffered or was at substantial risk
of serious physical harm as a result of parents' failure to supervise or
provide regular care due to substance abuse.
Custody was taken from the parents and reunification services were
ordered for father. Father was ordered
to participate in a drug rehabilitation program with random testing.

During
a visit with Raven on June 24, 2007,
father was drunk and verbally abusive, strangled mother, and tried to throw
mother over a second story railing.
Insisting he did not have a drinking, drug, domestic violence, or anger
management problem, father blamed mother for the incident. He stated, â€