In re Rebeca D. CA2/6

Filed 12/10/13 In re Rebeca D. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re REBECA D., a Person Coming Under 2d Juv. No. B248936 the Juvenile Court Law. (Super. Ct. No. J069091) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

BERTHA. A.,

Defendant and Appellant.

The juvenile court terminated the guardianship of Bertha A. (Bertha), the unrelated guardian of three-year-old Rebeca D. (Rebeca) and sustained a Welfare and Institutions Code section 300, subdivisions (b) and (g)1 petition alleging that she failed to protect Rebeca.2 Bertha appeals the order denying her section 388 petition for reunification services and/or an order placing Rebeca in her care. We affirm.

1 All statutory references are to the Welfare and Institutions Code unless otherwise stated. 2 The court also sustained allegations that Rebeca's mother, R.D.D. (mother) failed to support and protect her. The court subsequently terminated mother's parental rights. Mother is not a party to this appeal.

FACTUAL AND PROCEDURAL BACKGROUND In 2009, mother gave birth to Rebeca. Bertha was dating mother's uncle, Greg T. She and Greg became Rebeca's legal guardians. Greg died in 2011 and Rebeca remained in Bertha's care. On September 5, 2012, Ventura County Human Services Agency (HSA) received a report that Roy A. (Roy), Bertha's adult son, was living in her home, along with three-year-old Rebeca. Roy had been in custody for approximately 18 months after he was charged with committing sexual offenses against a young child. The charges included sodomy with a child under the age of 10 years; aggravated sexual assault of a child (sodomy); and continuous sexual abuse of a child. (Pen. Code, §§ 288.7, subd. (a), 269, subd. (a)(3), 288.5, subd (a).) The alleged victim's mother was Roy's common law wife/girlfriend. The alleged victim claimed the offenses occurred when she was between the ages of five and eight, while she lived with her mother, Roy, and their other children. Roy moved into Bertha's home in late August or early September 2012, following the dismissal of the charges. HSA concluded the charges were substantiated. On September 5, 2012, a social worker visited Bertha's home. She told Bertha it was not safe for Rebeca to live in her home while Roy lived there. Bertha denied that Roy lived in her home. She "emotionally exploded" and yelled, "[T]here is no way in hell you guys are going to remove my daughter from me, as my son did nothing." Roy joined the discussion and admitted he lived in Bertha's home. After further consideration, Bertha signed a safety plan which stated Roy could not reside in her home and he would leave her home that day. Roy agreed to do so. During the next several weeks, HSA learned that Roy made daily visits to Bertha's home, sometimes late at night, and often ate, showered, and rested there. For example, it received a report that Roy was involved in a verbal and physical altercation with Bertha's teenage grandson, Gabriel. Gabriel was the son of Bertha's daughter, Selena O. On October 11, 2012, the HSA social worker interviewed Selena. The social worker subsequently interviewed Gabriel and Bertha. She learned Gabriel had returned to Bertha's home one night, with Angel (Roy's teenage daughter, and Bertha's