In re Dominik L. CA2/2

Filed 12/4/13 In re Dominik L. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re DOMINIK L., et al., Persons Coming B246077 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK70363) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent.

v.

MICHELLE M., et al.,

Defendants and Appellants.

THE COURT:* Appellants Michelle M. (mother) and Gregg L. (father) appeal from the juvenile court’s order terminating parental rights over their children Dominik (born May 2006) and Sebastian (born May 2009). Both parents also appeal the denial of their respective petitions under Welfare and Institutions Code section 388,1 seeking, in mother’s case,

1 All further statutory references are to the Welfare and Institutions Code.

*ASHMANN-GERST, Acting P.J., CHAVEZ, J., FERNS, J.†

†Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

return of the children to her custody, and in father’s case, reinstatement of family reunification services. We dismiss both parents’ appeals. BACKGROUND Detention and section 300 petition On October 26, 2011, the Los Angeles Department of Children and Family Services (the Department) filed a petition pursuant to section 300, subdivisions (a) and (b), on behalf Dominik and Sebastian after father was arrested for hitting mother on the head with a bottle of vodka and choking her in the presence of the children. The children were detained with a paternal aunt. The family’s history with the Department included a sustained section 300 petition on behalf of Dominik in 2008 as the result of domestic violence between the parents and father’s substance abuse. Father had failed to comply with his case plan, and on July 16, 2009, the juvenile court terminated its jurisdiction and issued a family law custody order giving mother primary physical custody of the children and joint legal custody to both parents. Both parents had a criminal history. Mother had been arrested in 2004 for possession of a controlled substance and received diversion.2 Father had a 1998 conviction for vandalism, a 2000 conviction for tampering with a vehicle and theft, a 2001 conviction for assault with a deadly weapon, and convictions in 2003 and 2006 for spousal injury. Jurisdiction and disposition The juvenile court found father to be the children’s presumed father at a hearing held on November 21, 2011. At the December 7, 2011 adjudication hearing, the juvenile court sustained the section 300 petition, finding that both parents abused alcohol and had a history of engaging in violent altercations, and that on October 23, 2011, father had