In re B.C. CA3

Filed 1/17/14 In re B.C. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta)

In re B.C. et al., Persons Coming Under the Juvenile C073732 Court Law.

SHASTA COUNTY HEALTH AND HUMAN (Super. Ct. Nos. SERVICES AGENCY, 12JVSQ2950501 & 12JVSQ2952001) Plaintiff and Respondent,

v.

R.C.,

Defendant and Appellant.

R.C., father of the minors, appeals from the juvenile court’s dispositional judgment. (Welf. & Inst. Code, § 395.)1 He contends the juvenile court erred by constraining the minors from sending letters to him without first making a finding of detriment. We agree and remand for the juvenile court to make further findings and orders.

1 Further undesignated statutory references are to the Welfare and Institutions Code.

1

BACKGROUND Father has a lengthy criminal history. In 2005 minors B.C. (born in 1997) and P.C. (born in 1998) were detained due to father’s arrest for making threats, brandishing a weapon, and being under the influence of a controlled substance. Father was physically combative with law enforcement officers and made threats in the presence of the minors. Reunification services were offered to father but not mother, as she had previously failed to reunify and lost parental rights to other children. The minors were placed in guardianship with the paternal grandmother. The grandmother returned the minors to father shortly after his release from prison. On November 6, 2012, Shasta County Health and Human Services Agency filed a section 300 petition on behalf of the minors alleging father was physically abusive to B.C. by choking and hitting her in the head, leaving marks on her face and neck. While being arrested for this incident, father yelled obscenities at the minors and blamed them for his arrest and inevitable incarceration. The petition further alleged that father has a history of being physically abusive to both minors, as evidenced by the history of referrals and cases with child welfare agencies. The petition also alleged that father has substance abuse and anger control problems that have caused the minors emotional harm and place the minors at risk of further physical and emotional harm. Finally, the petition alleged that the guardian was unable or unwilling to protect the minors from father’s abuse and neglect and that mother had lost custody of these children, as well as two others, due to her mental health and substance abuse problems. At the November 7, 2012, detention hearing, the juvenile court denied father visitation, finding clear and convincing evidence that visitation would be detrimental to the physical and emotional well-being of the minors. Minor, P.C., addressed the court and requested he be allowed to have written communication with father. The juvenile court advised that it would permit the minor to write to father and provide the letters to the social worker who would, in turn, have the discretion to deliver the letters to father if