In re Rogelio C. CA2/3

Filed 8/21/14 In re Rogelio C. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re ROGELIO C., JR., a Person Coming B250540 Under the Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. CK77997) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ROGELIO C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Stephen Marpet, Juvenile Court Referee. Affirmed. Frank H. Free, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Kimberly Roura, Deputy County Counsel, for Plaintiff and Respondent. _________________________

INTRODUCTION Rogelio C., Sr. (father) appeals from the order of the juvenile court entered at the six-month review hearing (Welf. & Inst. Code, § 366.21, subd. (e))1 terminating its dependency jurisdiction over 12-year-old Rogelio C., Jr. (the child) (§ 364). We affirm. FACTUAL AND PROCEDURAL BACKGROUND In June 2012, the Los Angeles Police and the FBI Violent Gang Task Force arrested father on charges of kidnapping, sexual assault, and murder of a minor in 2001. The Multi-Agency Response Team, of which the Department of Children and Family Services (the Department) is a member, conducted an investigation into allegations of felony child endangerment at father’s house. The Department detained the child and filed a petition under section 300, subdivision (b) alleging that in 2011 and 2012 father placed the child in a detrimental and endangering situation in that father exposed the child to gang members in the child’s home, and caused father’s female companion and active gang member, Sindy A., to reside in the child’s home and have unlimited access to the child. The juvenile court appointed counsel to represent father. The Department filed an amended petition (the amended petition) adding a count 2 that alleged that father was then incarcerated on charges of murder and kidnapping (Pen. Code, §§ 187 & 209) and was unable to provide for the child. Continuing, count 2 alleged that “father’s violent behavior remains unresolved. Said conduct, criminal history, acts, and incarceration by the father impairs his ability to adequately parent and protect the child and places the child . . . at substantial risk of harm.” The juvenile court dismissed the original petition. Father denied the petition. At the jurisdiction hearing, the court read and considered the Department’s reports dated July 3, 2012, August 17, 2012, September 24, 2012, and November 1, 2012. The juvenile court stated to father, “On this case, Mr. C[.], it is my understanding that you are likewise waiving your right to have a trial. You’re going to allow me to read the papers