In re Isabelle P. CA2/4

Filed 11/10/14 In re Isabelle P. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Isabelle P. et al., Persons Coming Under the Juvenile Court Law. B255409 LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. CK98775) FAMILY SERVICES,

Plaintiff and Respondent,

v.

E.P.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Zeke D. Zeidler, Judge. Affirmed. Jonathan B. Steiner, California Appellate Project Executive Director, and Anne E. Fragasso, under appointment by the Court of Appeal, for Defendant and Appellant. Richard D. Weiss, Acting County Counsel, Dawyn R. Harrison, Assistant County Counsel and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent.

Appellant E.P. (Father) seeks reversal of the juvenile court’s custody order of February 21, 2014. He contends his trial counsel was ineffective for failing to join in the paternal grandparents’ petition for modification seeking custody of Father’s two children, and for failing to object to transfer of custody from a maternal relative to family friends who lived out of state. For the reasons discussed, we affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND The minors, Isabelle P. and A.P., then four and 19 months, came to the attention of the Department of Children and Family Services (DCFS) in August 2012. A caller reported that the children’s mother, Briana F. (Mother), who was on probation for burglary at the time, had overdosed and been taken to jail.1 After her release, Mother continued to use drugs to the point of passing out and was taken to a hospital for treatment. The children were with their maternal grandmother, but the caller was concerned Mother would attempt to regain custody when released from the hospital.2 Isabelle reported seeing Mother drink and fall into a deep sleep from which she could not be roused. Isabelle also reported that Mother slapped her and threatened to kill the maternal grandmother. The maternal grandmother stated Mother was physically abusive toward her. She also said that Father had been involved with a gang and had been deported. She and others --