In re R.D. CA2/6

Filed 10/22/15 In re R.D. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 R.D., a Person Coming Under the 2d Juv. No. B262195 Juvenile Court Law. (Super. Ct. No. J069709) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

ERIC S.,

Defendant and Appellant.

Eric S. appeals an order summarily denying his petition for modification and terminating his parental rights to his daughter, R.D. (Welf. & Inst. Code, §§ 388, 366.26.)1 He contends he made a prima facie showing in his section 388 petition that entitled him to an evidentiary hearing. We affirm. BACKGROUND Eric S. is the biological father of R.D. At R.D.’s birth in November 2013, she and her mother, Penny D., tested positive for methadone and opiates.

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

Penny was married to another man, Troy D., who was incarcerated. After paternity tests in December, Troy D. waived presumed father status. The Ventura County Human Services Agency (HSA) removed R.D. from Penny. HSA filed a petition in which it alleged R.D. was at risk of serious physical harm because Penny abused heroin, methadone, alcohol, and prescription medication; Eric abused methamphetamine and heroin; and neither Penny nor Eric had adequately addressed their mental illness. Penny continued to use methadone and alcohol. Eric maintained his sobriety. Eric and Penny resumed their romantic relationship. In February 2014, Penny arrived at a supervised visit with R.D. under the influence of drugs or alcohol. Eric was with her and seemed unconcerned about her behavior. On another occasion in February, Eric told a social worker that Penny drinks wine, but he did not think it was an issue. He felt it would be safe to return R.D. to Penny. In March 2014, the juvenile court found Eric to be R.D.’s presumed father. It found that Eric posed a risk to R.D., sustained the petition against him, and ordered reunification services for him with supervised visits. Eric’s case plan required him to participate in counseling and medication management for depression, a parenting class, weekly Co-Dependents Anonymous meetings to address Penny’s substance abuse issues, and random substance abuse testing. Eric appeared for court hearings, visited R.D., and participated in reunification services. He did not dispute the allegations against him. He acknowledged that he knew Penny was using opiates, methadone, and alcohol during the pregnancy. He consistently attended individual counseling and took anti-psychotic medication as prescribed. He completed a parenting class. His drug tests were negative except one missed test. He attended weekly Al-Anon meetings. In May 2014, Penny’s mother reported that Penny and Eric engaged in domestic violence. On June 21, Penny reported that Eric had “smash[ed] his guitar over her leg.” On June 23, a bystander found Penny intoxicated and unconscious in her car.