In re Y.B. CA1/4

Filed 10/26/15 In re Y.B. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re Y.B., a Person Coming Under the Juvenile Court Law.

SOLANO COUNTY DEPARTMENT OF HEALTH & SOCIAL SERVICES, Plaintiff and Respondent, A145193 v. (Solano County A.S., Super. Ct. No. J42893) Defendant and Appellant.

A.S. (Father) appeals jurisdictional and dispositional orders finding his daughter, Y.B. (Minor), a dependent child and removing her from the home of her mother, C.B. (Mother). Father was incarcerated at all relevant times. He contends the juvenile court erred in making its findings in his absence. We shall affirm the orders. I. BACKGROUND In February 2015, the Solano County Department of Health and Social Services (the Department) filed a petition pursuant to Welfare and Institutions Code section 300 on behalf of Minor, who was 14 years old, and her younger half-sister (Sister).1 As later amended, the petition alleged that Mother’s live-in boyfriend, J.V., had used excessive

1 J.V. is Sister’s father. The sole appellant in this case is Father, who challenges the orders only in connection with Minor.

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physical discipline on Minor, resulting in bruises and red marks on her arms, hands, and legs; that Minor had reported J.V. had used inappropriate discipline previously; and that Mother had failed to protect Minor. The petition also alleged that Father was serving a life sentence in prison and that he had not provided and was not able to provide care and support for Minor. Minor had been removed from the home and was afraid to return while J.V. was there. The detention report listed Father’s address as unknown, and indicated Mother believed he was incarcerated. Mother knew the name of Father’s mother (Paternal Grandmother), but did not know her telephone number. Minor and Sister were placed in a foster home in Solano County. The March 2015 jurisdiction report noted that all parties confirmed that Father was Minor’s biological father, although he was not present when Minor was born and his name was not on her birth certificate. Mother reported that Father had had no contact with Minor since she was five years old and had not provided for her support. She did not know Father’s whereabouts but believed he was imprisoned in California. The Department carried out an absent parent search and located Father’s father (Grandfather), who said he and Paternal Grandmother lived in Long Beach. They had last spoken with Minor and Mother by telephone in December 2014. Grandfather told the social worker Father was serving a sentence of life in prison. An investigation revealed Father had amassed an extensive criminal history between 1995 and 2006, including convictions for false imprisonment, taking a vehicle without consent, receiving stolen property, false imprisonment with violence, driving with a suspended license, attempted burglary, and evading a peace officer. In 2012, he was sentenced to life in prison after being convicted of kidnapping during a carjacking, attempted murder, assault with a semi-automatic weapon, possession of a firearm, and shooting at an inhabited dwelling. The social worker had mailed a letter to Father’s address in prison informing him of the child welfare case. Minor told the social worker she had not had contact with Father since she was five years old, but that she would like to visit him in prison.