In re K.P. CA5

Filed 11/7/13 In re K.P. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 K.P. et al., Persons Coming Under the Juvenile Court Law.

FRESNO COUNTY DEPARTMENT OF F066883 SOCIAL SERVICES, (Super. Ct. Nos. 07CEJ300173-1 & Plaintiff and Respondent, 07CEJ300173-2)

v. KEVIN P., OPINION

Defendant and Appellant.

THE COURT* APPEAL from orders of the Superior Court of Fresno County. Mary Dolas, Judge. Gino de Solenni, under appointment by the Court of Appeal, for Defendant and Appellant. Kevin Briggs, County Counsel, and William G. Smith, Deputy County Counsel, for Plaintiff and Respondent.

-ooOoo-

* Before Levy, Acting P.J., Kane, J., and Franson, J.

Kevin appeals from the juvenile court’s dispositional orders denying him reunification services under Welfare and Institutions Code section 361.5, subdivision (b)(10) and (13)1 as to his 12-year-old son and 11-year-old daughter. We affirm. PROCEDURAL AND FACTUAL SUMMARY These dependency proceedings mark the second time the Fresno County Department of Social Services (department) had to intervene to protect Kevin’s son and daughter. The first intervention occurred in 2007 when the department received a report that the family, Kevin, the children’s mother, and the children, then five and four years of age, were living in a “drug house.” Both parents admitted using drugs and Kevin’s drug use was extensive. He said he used every drug except heroin, had 4,000 hits of LSD and used cocaine on the day the children were taken into protective custody. He also stated he had been in four inpatient and two outpatient substance abuse programs. The children stated they saw Kevin hit their mother in the face, causing a bruised eye, and saw her hold a butcher knife to Kevin’s throat. The juvenile court exercised its dependency jurisdiction over the children and denied Kevin reunification services under section 361.5, subdivision (b)(13) because of his extensive, abusive and chronic use of drugs and alcohol. The juvenile court provided the mother reunification services and returned the children to her custody in August 2008, granting her sole legal and physical custody. The juvenile court granted Kevin reasonable supervised visitation.