In re Amanda M. CA2/7

Filed 1/21/14 In re Amanda M. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re AMANDA M. et al., Persons Coming B246246 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK89927)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

P.M.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Rudolph Diaz, Juvenile Court Referee. Affirmed. Cristina Gabrielidis, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Jeanette Cauble, Senior Deputy County Counsel, for Plaintiff and Respondent. _________________________

Joann H. (Mother) and P.M. (appellant) are the parents of Amanda M. (born 1996) and C.M. (born 1998). Mother has two other children with a different father, Jason G., who are not parties to these proceedings. Appellant appeals from orders of the juvenile court denying his Welfare and Institutions Code1 section 388 petition contending he was not given adequate notice of the dependency proceedings. FACTUAL & PROCEDURAL BACKGROUND This family was the subject of a prior appeal, case No. B240480, brought by Mother and Jason G., the father of her two other children (J.G.-1 and J.G.-2). In that opinion, filed March 11, 2013, we set forth the tragic circumstances of this family. Mother and her five children were living with Jason G. in July 2011 when one of the children (Jalyn, then 3 years old) died from a cerebral palsy seizure. Mother and Jason G. had left Amanda and C.M. at home alone to watch Jalyn the evening before she died. Amanda and C.M. had severe pre-existing emotional problems which were exacerbated by the death of Jalyn. Amanda and C.M. cut themselves, and alleged that Mother and Jason G. severely physically and emotionally abused all the children and engaged in domestic violence against each other. In November 2011, when the Department of Children and Family Services (the Department) filed a dependency petition pursuant to section 300, subdivisions (a), (b), (c), and (j), Mother identified appellant as the father of Amanda and C.M. and provided the Department his full name and birth date. She said she had not seen him for 10 years. On the petition, appellant was listed as “whereabouts unknown.” After a due diligence search was completed, the Department located appellant in March 2012. He had been incarcerated from 2000 until 2011 for false imprisonment and taking a vehicle without permission, and was on parole until March 2013. He did not have a permanent address but the Department investigator was able to reach him by telephone and on two occasions told him about the adjudication hearing of March 22,