In re Bianca G. CA2/1

Filed 7/23/14 In re Bianca G. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re BIANCA G., a Person Coming Under B253116 the Juvenile Court Law. (Los Angeles County

Super. Ct. No. DK00103

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

BRIAN G.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Carlos E. Vasquez, Judge. Affirmed. Amy Z. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Navid Nakhjavani, Deputy County Counsel, for Plaintiff and Respondent. ___________________

The juvenile court found that Brian G. (Brian) is not the presumed father of five- year-old Bianca G. It found instead that Brian’s status is limited to that of an alleged father. The court concluded that because Brian is not the presumed father, he is not entitled to reunification services as to Bianca. Brian appeals this determination. Cynthia P. (Mother) is not a party to this appeal. We affirm because substantial evidence supports the court’s finding and orders. BACKGROUND A. The detention report In July 2013, the Department of Children and Family Services (DCFS) reported the following in connection with a detention hearing before the juvenile court to determine whether the minor should be removed immediately from the care of Mother. Mother and her current boyfriend, George G., became involved in a violent altercation in July 2013, which was reported to DCFS. When interviewed, Mother told DCFS that Brian was “incarcerated in federal jail for capital murder, racketeering, extortion and connection with the gang MS (mara salvatruchas).” Mother said she had been hospitalized twice previously for attempting suicide. She stated “she needs time alone, time to think and she needs help [and] she just wants to die.” Bianca was removed from Mother’s custody and placed with maternal aunt Sabrina P. B. The section 300 petition Thereafter, DCFS filed an amended Welfare and Institutions Code section 300 petition against Mother and Brian pursuant to subdivisions (a) (serious physical harm) and (b) (failure to protect).1 Ultimately, Mother pleaded no contest to two counts alleging failure to protect. All other allegations against Mother and Brian were dismissed. C. The jurisdictional and dispositional report On September 25, 2013, in connection with a jurisdictional and dispositional hearing, DCFS made a report that included the following. Mother told DCFS she began