In re E.A. CA2/5

Filed 11/20/15 In re E.A. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re E.A., et al., Persons Coming Under B263781 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK52408)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

MANUEL A.,

Defendant and Appellant.

APPEAL from the orders of the Superior Court of the County of Los Angeles, Carlos Vasquez, Judge. Affirmed. Jamie A. Moran, under appointment by the Court of Appeal, for Appellant, Manuel A. Office of the County Counsel, Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, Stephen D. Watson, Deputy County Counsel, for Respondent.

INTRODUCTION M.A. (father) appeals from the juvenile court’s orders of April 21, 2015 terminating parental rights to his six children ages three to eight years old (children) under Welfare and Institutions Code section 366.26.1 He contends substantial evidence does not support the finding the exception to termination in section 366.26, subdivision (c)(1)(B)(i) did not apply. We affirm.

STATEMENT OF FACTS AND PROCEDURE

On May 21, 2013, the children were declared dependents of the court under section 300, subdivision (b), based on sustained allegations that there was a substantial risk they would suffer serious physical harm or illness as a result of the parents’ failure or inability to supervise or protect the child adequately, in that father physically abused the children’s older half-sibling and the parents engaged in violent physical altercations in the presence of the children.2 Custody was taken from the parents, reunification services were ordered, and father was ordered to participate in parenting and individual, domestic abuse, and anger management counseling. The juvenile court granted father monitored visitation, and gave the Department of Children and Family Services (Department) discretion to liberalize the visitation.3 The five older children had special needs, and the youngest was diagnosed with