In re Edward W. CA2/5

Filed 11/8/13 In re Edward W. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

In re EDWARD W., a Person Coming B246620 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK88238)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

WESLEY B.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Donna Levin, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. William Hook, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel and Tracey F. Dodds, Deputy County Counsel for Plaintiff and Respondent.

The juvenile court placed Edward W. in a legal guardianship with paternal relatives, and ordered monitored, once-a-month visits for his father, Wesley B. (father). Father appeals that order, contending the juvenile court erred in ordering monitored rather than unmonitored visits. We see no error, and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND Father and Kathleen B. (mother) are the parents of Edward W., born March 1998. In 2006, while father was incarcerated, mother voluntarily relinquished custody of Edward to his paternal grandmother because she could not provide him with the necessities of life. On May 30, 2011, Edward reported his paternal aunt hit him with a garden hoe. He called his father to pick him up from his grandmother’s house. When father arrived, he was confronted by Edward’s adult half-brother, Kyle, and two other men. Father struck Kyle, who then required medical attention. Based on the foregoing events, the Department of Children and Family Services (DCFS) filed a Welfare and Institutions Code1 section 300 petition on June 10, 2011. The juvenile court adjudicated Edward a dependent of the court on August 4, 2011, based on sustained allegations that mother had made an inappropriate plan for Edward’s care by placing him in the home of his paternal grandmother, where his paternal aunt possessed and used illicit drugs in his presence and struck him with a garden hoe, and that father had exposed Edward to a violent altercation and had a history of substance abuse which periodically rendered him incapable of caring for his son. The court ordered the child to remain as placed with his paternal cousin and her husband, with whom he had been living since the dependency proceedings commenced. The court ordered father to participate in a drug program with aftercare, on-demand drug testing, a parenting program, and conjoint counseling with Edward. The court also ordered monitored visits for father