In re Z.S.J. CA2/6

Filed 7/21/15 In re Z.S.J. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Z.S.J. et al., Persons Coming Under 2d Juv. No. B260649 the Juvenile Court Law. (Super. Ct. Nos. J069093, J069094) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

GREGORY J.,

Defendant and Appellant.

Gregory J. (Father) appeals orders of the juvenile court denying his modification petition, declaring that his two minor sons, Z.S.J. and Z.M.J., are adoptable, and terminating his parental rights. (Welf. & Inst. Code, §§ 388, 366.26, subd. (c)(1).)1 We affirm. FACTUAL AND PROCEDURAL HISTORY Mother and Father have two minor sons under eight years of age. Mother suffers from schizophrenia and receives treatment and medication for her illness. Father

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

suffers from alcohol abuse, bipolar disorder, and longstanding anger issues. On November 18, 2010, Father received sole legal and physical custody of the children, with visitation rights to Mother. Mother then lived in Colorado with her father. Her mental health had deteriorated, however, and she had not visited the children for nearly one year. On October 26, 2012, the Ventura County Human Services Agency (HSA) detained the children after Father argued with a neighbor and enlisted the children in flooding the neighbor's home with a garden hose. When HSA arrived, the children were naked, dirty, and hungry. Father was under the influence of alcohol at the time and subsequently was arrested for child endangerment. HSA filed a dependency petition pursuant to section 300, subdivisions (b) and (g). On October 31, 2012, the juvenile court detained the children and placed them in the temporary custody and care of HSA. On January 31, 2013, following a hearing, the court sustained the section 300, subdivision (b) allegations of the dependency petition and ordered HSA to provide family reunification services to Mother and Father. During the reunification services period, Father had aggressive outbursts with HSA staff when he visited his children. Father also ceased drug-testing and resumed consuming alcohol. During one visit with his children, Father "grabbed" and "physically shook" a case aide who was supervising the visit. The juvenile court later issued a permanent restraining order against Father concerning the case aide. On October 30, 2013, HSA filed a section 388 petition to terminate Father's reunification services and visits with the children. Following a hearing on November 26, 2013, the juvenile court terminated Father's services and visits. At the contested 12-month review hearing on April 24, 2014, the court terminated Mother's reunification services and visits due to her insufficient progress with the case plan. Neither parent had benefitted from their reunification services plans and Mother had permitted Father to have unsupervised visits with the children, despite orders otherwise. The court set the matter for a permanent plan hearing pursuant to section 366.26.