In re Joshua B. CA2/1

Filed 6/29/15 In re Joshua B. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re JOSHUA B., a Person Coming Under B258694 the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK02410)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

G.B,

Defendant and Appellant;

M.B.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Marilyn Kading Martinez, Commissioner. Affirmed. Amy Z. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant.

Roni Keller, under appointment by the Court of Appeal, for Defendant and Respondent. No appearance for Plaintiff and Respondent. —————————— Upon terminating its jurisdiction in this matter, the juvenile court issued an “exit” order conditioning a father’s visitation upon his payment for the services of a professional monitor, in the event the current monitor chose not to continue serving in that capacity. The father argues that because he cannot afford to pay for the monitor, the order renders his right to visitation illusory. We find no error, and affirm. FACTUAL AND PROCEDURAL BACKGROUND Joshua B. (born April 2009), the subject of this appeal, is the son of appellant G.B. (father) and respondent M.B. (mother). During the parents’ six-year marriage, mother claimed that father verbally and physically abused her, and threatened to shoot her on several occasions. The final incident occurred in December 2010, when father cursed at the maternal grandmother (with whom the family lived), hit mother on the head and arm when she was a passenger in a car he was driving, and threatened to shoot her in the back. Mother obtained a restraining order, and initiated dissolution proceedings in January 2011. Mother claims that father declared bankruptcy and ceased paying child support sometime in 2011. He consistently treated her with hostility, and refused to cooperate or coparent with her in a civil fashion. The incident which precipitated this dependency proceeding occurred in early November 2013. Father, who has a history of drug and alcohol abuse, was under the influence of alcohol. Father’s companion, Diana X., Joshua B. and Joshua B.’s five- month-old half-sister were in the car. Father, who claimed to have “blacked out” due to excessive alcohol consumption, became belligerent and grabbed the steering wheel while Diana was driving. When Diana pulled over and stopped the car, father struck her with his fists causing swelling and bruising, and tried to push her out of the car. Father was arrested for domestic violence, incarcerated and released on November 12, 2013. Diana denied that father had ever before engaged in domestic violence against her, although she