In re J.C. CA2/4

Filed 8/5/14 In re J.C. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re J.C., a Person Coming Under the B252397 Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. CK32884) FAMILY SERVICES,

Plaintiff and Respondent,

v.

D.C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Carlos Vasquez, Judge. 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, Jacklyn K. Louie, Deputy County Counsel, for Plaintiff and Respondent. ______________________________

D.C. (father) appeals from the order terminating his parental rights to his son, J.C. He argues the juvenile court erred in not applying the “benefit exception” to termination of parental rights. (Welf. & Inst. Code, § 366.26, subd. (c)(1)(B)(i).)1 We find no error and affirm the order.

FACTUAL AND PROCEDURAL SUMMARY This matter first came to the attention of the Department of Children and Family Services (DCFS) on February 6, 2012, when father called the Child Protection Hotline. Father stated that C.C.2 (mother) had hit him the day before in the presence of J.C., their eight-month-old son. Father also claimed that mother was verbally abusive, is bipolar, and is often noncompliant with her medication. Father was diagnosed with depression in 2007, but unlike mother, he was compliant with his medication. He also consistently attended outpatient treatment for his mental condition. A social worker surveyed the apartment where J.C., mother, and father were residing and found dog feces and cockroaches throughout the residence. Father told the social worker that he would like to have primary custody of J.C. He wanted to take J.C. to San Diego to live with his niece (M.N.) and himself. Father had a paralyzed left arm and needed help from M.N. to take care of J.C. On a social worker’s subsequent visit to the apartment, father stated that J.C. had been staying with M.N. The social worker reported that “[i]t was clear that . . . father has chosen to prioritize his relationship with mother over caring for his child.” The social worker also spoke with M.N., who said that she did not think father could take complete care of J.C., and that father and J.C. were “welcome to stay in her home for as long as needed.” Father later consented to DCFS placing J.C. with M.N. until he could find safe housing for J.C. and himself and develop a stable plan to care for J.C.