In re Lacie H. CA2/6

Filed 7/15/14 In re Lacie H. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 LACIE H., a Person Coming Under 2d Juv. No. B250850 the Juvenile Court Law. (Super. Ct. No. J1395744) (Santa Barbara County)

SANTA BARBARA COUNTY CHILD WELFARE SERVICES,

Plaintiff and Respondent,

v.

JOSHUA H.,

Defendant and Appellant.

Father appeals an order terminating his parental rights pursuant to Welfare and Institutions Code section 366.36.1 We affirm. FACTS On January 12, 2012, Santa Barbara County Child Welfare Services (CWS) filed a child dependency petition on behalf of two-year-old Lacie H. and her six-year-old half-sister Angeline. Joshua H. is Lacie's father (Father). Angelina has a different father, and her case is not the subject of this appeal.

1 All statutory references are to the Welfare and Institutions Code.

The petition alleged that the children's mother, B.D. (Mother) was taken to the hospital after smoking a drug known as "spice." Mother suffers from schizophrenia and bipolar disorder exacerbated by drug use. The children were left without any support or supervision. The petition alleges that Father is in federal prison and the children are left without any provision for care or support. The petition alleges jurisdiction pursuant to section 300, subdivision (g). The CWS report for the detention hearing relates to previous substantiated contacts between CWS and Father. It states that in May 2010, when Lacie was five months old, Father was seen pushing Lacie down the street in a stroller with an open container of alcohol and appeared intoxicated. The person who reported the incident said Lacie was crying and Father had shaken her. On February 28, 2011, Father came into the home, grabbed Mother by the throat and pushed her into Lacie. The court detained the children and set the matter for the jurisdictional hearing. A CWS report prepared for the jurisdictional hearing again alleged section 300, subdivision (g) as the basis for the court's jurisdiction. The report notes that Father is incarcerated. It repeats from the detention report the previous substantiated contacts between CWS and Father. The report also states that Father has convictions for driving under the influence (DUI) with priors, inflicting corporal injury on a spouse or cohabitant, first degree burglary, and is currently serving a four-year prison term for assault with a deadly weapon with great bodily injury. Angelina described Father as "a very bad man." He stole money and choked Mother. He "spent food stamps on beer so we did not have any food." Father contacted CWS while he was in prison. He said he would like his mother to have custody of Lacie. The paternal grandmother reported to having peripheral neuropathy and could not "'chase after the children.'" She stated, however,