In re Elyse W. CA2/8

Filed 11/24/14 In re Elyse W. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re ELYSE W., a Person Coming Under the Juvenile Court Law. B255841

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. DK03740) FAMILY SERVICES,

Plaintiff and Respondent,

v.

JIMMIE W.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Philip Soto, Judge. Affirmed.

Nicole Williams, under appointment by the Court of Appeal, for Appellant.

Richard D. Weiss, Acting County Counsel, Dawyn R. Harrison, Assistant County Counsel, Navid Nakhjavani, Deputy County Counsel, for Plaintiff and Respondent.

_____________________________________

Father Jimmie W. appeals from a juvenile court order concluding it would be detrimental to minor Elyse W. to place her with father pursuant to Welfare and Institutions Code section 361.2.1 We affirm. FACTUAL AND PROCEDURAL BACKGROUND In February 2014, five-year-old Elyse W. was living with her mother, Monica O., along with her four-month-old half brother, James O.2 The Los Angeles County Department of Children and Family Services (DCFS) detained Elyse and James after receiving referrals indicating mother was exhibiting paranoid and erratic behavior, and she may have been using illegal drugs. Mother told family members she thought people were trying to kill her and the children. At one point, while in a two-story building, mother “was yelling and asking if the children would die upon impact on the floor if pushed.” At times mother left Elyse with the maternal grandmother, but then demanded her back. Mother attempted to file a report with law enforcement alleging the maternal grandmother was “manipulating [Elyse] to not like the mother.” On February 15, mother was taken to a hospital pursuant to a section 5150 hold. At the time of detention, father’s whereabouts were unknown. The maternal grandmother reported he was incarcerated. Elyse was placed with her maternal aunt. In late February, Father was located in Utah. He told DCFS he was unable to attend a hearing scheduled for March 4, but would attend the jurisdiction and disposition hearing later that month. Father wanted Elyse released to him, and he was willing to have his home in Utah assessed for placement. A March 2014 jurisdiction and disposition report indicated father was married and living with his wife and four children in Utah. Another child of father’s was living in Los Angeles with his mother. Father met mother when he was 18 years old. After mother became pregnant with Elyse, father and mother moved between the homes of the maternal grandmother and the paternal grandfather, until father and mother’s relationship