In re R. G. CA2/6

Filed 10/30/14 In re R. G. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 R. G., IV, a Person Coming Under the 2d Juv. No. B254843 Juvenile Court Law. (Super. Ct. No. JV51436) ((San Luis Obispo County)

SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Petitioner and Respondent,

v.

RE. G., III,

Respondent and Appellant.

Re. G., III appeals a February 5, 2014 order terminating his parental rights and freeing his son, R. G., IV (R.), for adoption. (Welf. & Inst. Code, § 366.26.)1 Before the trial court terminated parental rights, it denied appellant's section 388 petition for services. Appellant contends that the trial court abused its discretion in not continuing the section 388 and section 366.26 hearings. We affirm. Facts & Procedural History On February 7, 2013, San Luis Obispo County Department of Social Services (DSS) detained two-year old R. after his mother (Jamie L.) went on a three-day

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

drinking binge and was unable to care for herself or R. A roommate reported that mother tried to get R. to drink alcohol. Mother smelled strongly of alcohol, was combative, and was arrested for willful cruelty to a child. DSS filed a dependency petition for failure to protect (§ 300, subd. (b)) and no provision for support (§ 300, subd. (g)), alleging that appellant had been convicted of domestic violence and was incarcerated at North Kern State Prison. After R. was born, mother had a violent, dysfunctional relationship with appellant. Appellant choked mother on two occasions, struck her face and body, and hit her hard on the back of head in the child's presence. The second choking incident resulted in appellant's conviction for corporal injury to a spouse and a 30 month prison sentence. R. suffered significant developmental and emotional delays. He had no vocabulary, communicated through grunts and crying, and had trouble with transition and change. The foster mother reported that R. did not like to be approached by strangers, showed discomfort around men, and had a tendency to steal, overeat, and hide food. A social worker opined that the behaviors were consistent with a child who has experienced ongoing neglect. Appellant refused to acknowledge the severity of the domestic violence and did not understand how his conduct resulted in R.'s foster care placement. Appellant had been recently diagnosed with schizophrenia with paranoid features and needed intense mental health treatment. DSS recommended no visitation because R. more than likely witnessed appellant's domestic violence and prison supervised visits would traumatize the child. At the contested jurisdiction/disposition hearing, appellant's trial attorney advised the court that appellant would be released from prison in 10 to 11 months. The trial court bypassed services for appellant (§361.5, subd. (e)(1)) and ordered services for mother. At the three month and six month review hearings, DSS reported that R. had made progress, was talking, and beginning to interact with adults. Mother was living at a women's shelter in Barstow but not following her case plan. After supervised visits,