In re J.G. CA5

Filed 7/11/13 In re J.G. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

In re J.G. et al., Persons Coming Under the Juvenile Court Law.

KERN COUNTY DEPARTMENT OF HUMAN F066085 SERVICES, (Super. Ct. Nos. JD128945-00, Plaintiff and Respondent, JD128946-00)

v. OPINION JOSE G.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Kern County. Jon E. Stuebbe, Judge. Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and Appellant. Theresa A. Goldner, County Counsel, and Mark L. Nations, Chief Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

Appellant Jose G. (father) seeks reversal of the juvenile court’s dispositional order on the grounds the Kern County Department of Human Services (the Department) made insufficient efforts to determine if the children, J.G. and C.G. (collectively the children), had Indian heritage. Father also contends that substantial evidence did not support the juvenile court’s decision to deny reunification services to him. We disagree and will affirm the dispositional orders. FACTUAL AND PROCEDURAL SUMMARY Jose G. is the presumed father of C.G., born in 2011, and J.G, born in 2010, although he is not the biological father of J.G. Father was arrested in June 2011 for first degree burglary, which resulted in his second conviction for this offense. After he was incarcerated, father saw the children infrequently through a plexiglass partition at the jail. After father’s incarceration, the children’s mother, Rebecca (mother), began using methamphetamine, became involved with a new boyfriend, and left the children with father’s relatives. J.G. was placed with Denise G.; C.G. was placed with an aunt. Mother had a history of social services contact and child neglect. She later was arrested on burglary charges. Between February and June 2012, while in Denise’s care, then two-year old J.G. was the victim of vicious, life-threatening physical abuse. When admitted to the hospital, J.G. was diagnosed as suffering from traumatic brain injury, multiple abrasions, burns on his face, neck, back, abdomen, buttocks, and soles of his feet, bone fractures, a fractured jaw and shoulder blade, malnutrition and severe anemia, and possible injury to his spleen. J.G. also tested positive for methamphetamine exposure and was observed to be a “social devastated” child. On June 27, 2012, petitions pursuant to Welfare and Institutions Code section 300 were filed by the Department on behalf of J.G. and C.G. (All further statutory references are to the Welfare and Institutions Code unless otherwise stated.) The petitions later were amended to identify J.G.’s abusers. Father disclaimed any Indian ancestry and the