In re F.D. CA3

Filed 7/20/15 In re F.D. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re F. D., a Person Coming Under the Juvenile Court C076679 Law.

SACRAMENTO DEPARTMENT OF HEALTH (Super. Ct. No. JD234147) AND HUMAN SERVICES,

Plaintiff and Respondent,

v.

F. D.,

Defendant and Appellant.

Appellant F. D. Jr., father of the minor, appeals from the juvenile court’s judgment of disposition denying him placement of the minor as a noncustodial parent. (Welf. & Inst. Code,1 §§ 358, 395.) He contends substantial evidence does not support the finding

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

1

that placement of the minor with him would be detrimental to her safety, protection, or physical or emotional well-being. We affirm. BACKGROUND On November 27, 2013, mother left the minor (then eight years old) in the care of a nonrelated extended family member. That individual became unable to care for the minor and, after mother refused to pick up the minor, called the Sacramento County Sheriff. Sheriff’s deputies were unable to reach mother and, on December 15, 2013, took the minor into protective custody. The minor reported that she was there because “my Mommy says I have an attitude and she can’t take care of me.” The minor reported that her last contact with appellant was about a year earlier at his house and he told her at that time that she could not live with him. The following day, the minor’s mother called the social worker and stated that, due to the minor’s behavior, she was no longer willing to have the minor in her care. A section 300 petition was filed alleging mother was unwilling to provide care for the minor and had left her without provisions for care and support. Appellant was incarcerated at the time the petition was filed. The minor was ordered detained and placed in a children’s receiving home. The social worker filed a jurisdiction/disposition report on January 17, 2014. Mother had not been visiting minor since her detention, nor had mother inquired about her well-being or participated in any services. The minor said she did not want to be placed with mother. She and mother did not get along and mother did not pay any attention to her. The minor stated she knew appellant’s name but she did not know him, did not remember the last time she saw him (or remember ever seeing him), and did not know his current whereabouts. The minor had previously admitted that she has a problem with anger and said she has had four therapists (all of whom the minor reported had quit). The minor’s school reported that the minor had 18 unexcused absences in November and December 2013,