In re Alondra J. A. CA2/6

Filed 10/22/15 In re Alondra J. A. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Alondra J. A., a Person Coming 2d Juv. No. B263899 Under the Juvenile Court Law. (Super. Ct. No. J069303) (Ventura County) HUMAN SERVICES AGENCY, Petitioner and Respondent, v. I. J., Defendant and Appellant.

I.J., the biological father of Alondra J. A., appeals from a juvenile court order terminating his parental rights. (Welf. & Inst. Code, § 366.26.)1 Appellant contends that the trial court erred in finding that the beneficial parent-child relationship exception does not apply. (§ 366.26, subd. (c)(1)(B)(i).) We affirm. Facts and Procedural History Alondra was born prematurely and hospitalized for three months due to a feeding aversion and failure to thrive condition. A hospital nurse reported that the mother, B. A-A., and appellant had minimal contact with Alondra and did not comprehend the infant's special needs. Before Alondra was released from the hospital, Ventura County Human Services Agency (HSA) investigated a report that

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

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appellant fractured the clavicle of Alondra's 18 month old half brother. It was a concern because Alondra's mother had a domestic violence history and had not benefited from services in the past. When a hospital nurse talked about the importance of not shaking baby Alondra, the mother turned to appellant and said, "You are not going to be able to shake her . . . . " HSA was notified and placed Alondra in protective custody. On June 25, 2013, the trial court sustained an amended petition for failure to protect (§300, subd. (b)) and abuse of a sibling (§ 300, subd. (j)). The trial court ordered reunification services, supervised visits, and mother's psychological evaluation. Alondra was placed in a special foster home to treat her fragile medical condition. At the six month and 12 month review hearings, mother and appellant were no longer living together. A clinical psychologist reported that mother suffered from depressive disorder and bipolar disorder, and "does not seem capable of overcoming the cycle of violence and dependency she routinely manifests in intimate relationships with men." Mother missed supervised visits and was not taking her psychotropic medication or following her case plan. The trial court terminated mother's services at the 12 month hearing. Appellant, on the other hand, was attending domestic violence and parenting classes and had been granted unsupervised visits. After the visits, Alondra was moody and irritable, and would not eat. The trial court reinstated supervised visits and terminated appellant's services at the 18 month review hearing. On April 30, 2015, the trial court terminated parental rights and found that the parent-child beneficial relationship exception to adoption did not apply. Beneficial Parent-Child Relationship Appellant argues that the trial court erred in finding that the benefits of continuing the parent-child relationship do not outweigh the benefits of adoption.