In re Evan F. CA2/7

Filed 4/8/14 In re Evan F. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EVAN F., a Person Coming Under the B248661 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK88926) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

GREG F.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Amy Pellman, Judge. Affirmed. Joseph T. Tavano, under appointment by the Court of Appeal, for Defendant and Appellant Greg F. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Denise M. Hippach, Deputy County Counsel for Plaintiff and Respondent.

_______________________

Greg F. appeals the juvenile court’s summary denial of his Welfare and Institutions Code1 section 388 petition seeking custody of his son, Evan F. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Evan F. was born to Helen D. and Greg F. in May 2010. (DCFS v. Greg F. (Sept. 23, 2013, B243861) [nonpub. opn.].) Evan F. became a dependent child of the juvenile court based on sustained allegations relating to both his parents. (DCFS v. Greg F. (Sept. 23, 2013, B243861) [nonpub. opn.].) Two sustained allegations involved Greg F.’s conduct. First, the juvenile court found true the allegation under section 300, subdivision (a) pertaining to domestic violence between Evan F.’s parents: “The child’s mother, Helen [D.] . . . and the child’s father[] have engaged in altercations over the care and custody of the child and . . . on one occasion, June 30, 2011, a physical altercation resulted when the mother attempted to grab the child from the father’s arms after father threatened to remove the child from mother’s care and custody. Such violent conduct between the parents in the presence of the child endangers the child’s physical health and safety and places the child at risk of physical harm.” (DCFS v. Greg F. (Sept. 23, 2013, B243861) [nonpub. opn.].) Second, the court found true an allegation under section 342 that Greg F.’s demonstrated numerous mental and emotional problems, including, but not limited to, impulsive, erratic, and reckless behavior, brought Evan F. within the jurisdiction of the juvenile court under section 300, subdivision (b). (DCFS v. Greg F. (Sept. 23, 2013, B243861) [nonpub. opn.].) The juvenile court granted Greg F. monitored visitation and ordered that he undergo a psychological evaluation, take a 52-week domestic violence class, and complete a parenting class focused on fatherhood. Greg F. appealed the jurisdictional findings and dispositional orders, and we affirmed. (DCFS v. Greg F. (Sept. 23, 2013, B243861) [nonpub. opn.].)