In re Michael A.

Filed 2/21/07  In re Michael A. CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            APPEAL from an order of the Superior Court of Los Angeles County,  

Jacqueline Lewis, Referee.  Affirmed.

            Lori A. Fields, under appointment by the Court of Appeal, for Defendant and Appellant.

            Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Owen L. Gallagher, Principal Deputy County Counsel, for Plaintiff and Respondent.

_________________________

            Rosalie S. (mother) appeals an order terminating parental rights with respect to her five children.  We reject mother's contentions and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

1.  Events leading to the detention of the children.

In 1998, father was charged with domestic violence against mother in the presence of their two children, Michael and Mariah.  The Department of Children and Family Services (DCFS) investigated but could not locate the family. 

            In January of 2004 it was reported that father was living with mother and their four children, Michael, Mariah, Jose and Jenevieve, in violation of the conditions of his parole and was fighting with mother in front of the children.  Father has an extensive criminal history involving abuse of methamphetamine, inflicting corporal injury and sexual battery.  On January 10, 2004, mother broke a window during a fight with father and cut her hand.  Father had prior parole violations for having contact with the family and was arrested by his parole agent on January 20, 2004.  Mother and the children moved to maternal grandmother's residence. 

On February 23, 2004, mother agreed to participate in family preservation services and attend parenting class and a domestic violence program.  However, mother failed to enroll in either and her whereabouts were unknown until May 20, 2004, when the CSW  found mother living with maternal grandmother.  Mother indicated she was now willing to cooperate with family preservation services.  However, despite the assistance of an in-home counselor, mother failed to register for parenting class or domestic violence counseling. 

On August 20, 2004, it was reported that father had been released from jail on June 16, 2004, father had beaten mother after his release and, on one instance, father pulled a knife on mother.  When the in-home counselor visited the family, mother had a bruise on her arm which she attributed to an iron deficiency.  Mother agreed in writing to enroll in a parenting class and domestic violence counseling within one week.

On September 16, 2004, social workers went to mother's home to detain the children based on mother's failure to comply with the agreement.  However, mother convinced the social workers she had intake appointments the next day and they agreed to give mother another week.  The next day, DCFS received a report that one-year-old Jenevieve had been injured when father rolled over her and she went to the emergency room with a right arm injury.  Maternal grandfather reported that although maternal grandmother drives father from the home, mother allows him to return at night. 

On September 21, 2004, DCFS placed the children with maternal grandmother on condition neither mother nor father reside in the home.

2.  The four older children and newborn Melissa are adjudged dependents.

            A dependency petition filed September 24, 2004, alleged nine-year-old Michael, six-year-old Mariah, two-year-old Jose and one-year-old Jenevieve were victims of emotional abuse based on domestic violence in their presence.  On October 22, 2004, mother and father pleaded no contest to the allegations of the petition.  The juvenile court found the children dependents under Welfare and Institutions Code section 300, subdivisions (a) and (b), and ordered mother to attend domestic violence counseling and parent education.^[1]

The disposition report indicated mother and father have been living together since their teenage years.  Even though their relationship involved domestic violence, drug use and criminal history on the part of father, they have remained together except when father has been incarcerated. 

A social report prepared for March 18, 2005, indicated the children remain placed in the home of maternal grandmother and that both parents had monitored visits on Sundays.  During a visit on March 5, 2005, father pushed the maternal great grandmother and she filed charges against father.  Mother had attended thirty-one hours of parenting class but had not yet commenced domestic violence counseling. 

On April 29, 2005, the Department filed a dependency petition on behalf of newborn Melissa A.  Mother was residing with maternal great grandmother who did not want father to learn mother's whereabouts because he has caused problems in the past and might cause maternal great grandmother to loose her apartment.  DCFS recommended no family reunification services for mother or father with respect to Melissa. 

The juvenile court ordered Melissa placed with maternal grandmother and set the case for adjudication of Melissa's section 300 petition for July 7, 2005. 

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