In re D.G. CA2/6

Filed 4/17/14 In re D.G. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.G., a Person Coming Under the 2d Juv. No. B252131 Juvenile Court Law. (Super. Ct. No. J068692) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

B.B.,

Defendant and Appellant.

B.B. (father) appeals the juvenile court's jurisdiction and disposition orders sustaining a dependency petition as to father's minor child D.G., and declaring the minor to be a ward of the court. (Welf. & Inst. Code,1 § 300.) Father contends the court's jurisdictional findings are not supported by substantial evidence. We affirm. FACTS AND PROCEDURAL HISTORY D.G. was born in December 2008. On February 22, 2012, the Ventura County Human Services Agency (HSA) filed a dependency 300 petition as to D.G. alleging failure to protect and no provision for support. (§ 300, subds. (b) & (g).) The

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

petition alleged that D.G.'s parents had been arrested for domestic violence and child endangerment and had a history of engaging in domestic violence with D.G. present. Father also abused alcohol, while mother was known to abuse methamphetamine and heroin.2 The petition further alleged that mother "has unresolved mental health issues which interfere with her ability to provide adequate care and support to the child as evidenced by her having a diagnosis of Manic Depressive Disorder and not complying with her medication regimen. Such condition periodically renders her unable to provide adequate care and support for the minor." It was also noted that mother had been offered family maintenance services after D.G.'s birth, yet had "not subsequently made reasonable efforts to treat the problems which led to the voluntary services previously offered." D.G. was placed with the paternal grandmother and mother and father were offered six months of reunification services with visitation. Mother and father were also ordered to comply with a case plan that included random drug testing and participation in a domestic violence program, parenting education, and substance abuse services. Six months of additional services were subsequently offered. At an interim review hearing in November 2012, the court found that mother and father had made substantial progress on the case plan. The court also found, however, that they had yet to demonstrate their ability to parent D.G. over an extended period of time and had not completed their domestic violence program. The court accordingly ordered HSA to provide family maintenance services and set the matter for review on February 19, 2013, the date previously set for the 12-month review hearing. At the February 2013 hearing, the court found continued supervision of D.G. was unnecessary and terminated the dependency case. On August 9, 2013, HSA filed the dependency petition that is the subject of this appeal. The petition alleged that on July 5, 2013, mother—while in a manic phase of her bipolar disorder and with father's knowledge—took D.G. to San Francisco on a bus.