In re Noemi M. CA2/2

Filed 10/1/14 In re Noemi M. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re NOEMI M., a Person Coming Under B253808 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK83236) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent.

v.

MARK L.,

Defendant and Appellant.

THE COURT:* Appellant Mark L. (father) appeals from the juvenile court’s order terminating his parental rights over Noemi M. (born May 2010). We dismiss the appeal.

____________________________________________________________________ *BOREN, P.J., CHAVEZ, J., FERNS, J.†

† Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

BACKGROUND Detention and section 300 petition On July 20, 2010, the Los Angeles Department of Children and Family Services (the Department) filed a petition under Welfare and Institutions Code section 3001 on behalf of then one-month old Noemi alleging that father and Daniela M. (mother)2 had a history of engaging in violent altercations which resulted in father’s arrest, that mother had an eight-year history of illicit drug use and currently used methamphetamine, that maternal grandfather had sexually abused mother as a child and Noemi lived in the home with him, that the maternal grandfather abused drugs, and that father failed to provide Noemi with the necessities of life and was currently incarcerated. Father was not present at the July 20, 2010 detention hearing at which the juvenile court found him to be an alleged father. The court ordered Noemi to be detained in shelter care. Jurisdiction and disposition In a September 2010 jurisdiction disposition report, the Department reported that father had two convictions for battery on a spouse in 2009 and a 2010 conviction for auto theft. He was presently incarcerated as the result of a January 2009 domestic violence incident in which he punched mother in the face and grabbed her by the throat. Father was present at a September 8, 2010 hearing at which the juvenile court ordered DNA testing to confirm father’s paternity. He was accorded monitored visits with Noemi by a Department approved monitor. Father was not present but was represented by counsel at the October 6, 2010 jurisdictional and dispositional hearing at which the juvenile court sustained the allegations that mother and father had a history of engaging in violent altercations resulting in father’s arrest, that mother’s history of drug use and current use of methamphetamine placed Noemi at risk of harm, and that mother had placed Noemi at