In re A.L. CA2/8

Filed 12/21/15 In re A.L. CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT In re A.L. et al., Persons Coming Under the B264205 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK93844) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

A.L., Sr.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Stephen C. Marpet, Juvenile Court Referee. Affirmed.

Lori Nicole Siegel, under appointment by the Court of Appeal, for Defendant and Appellant.

Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Tracey F. Dodds, Principal Deputy County Counsel, for Plaintiff and Respondent.

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Father A.L., Sr., appeals from the juvenile court’s order of April 8, 2015, denying his Welfare and Institutions Code section 3881 petition without a hearing. His three children were detained because of his and the children’s mother’s domestic violence, drug abuse and consequent physical abuse and extreme neglect. After six months of reunification services, father had made no progress. The juvenile court terminated reunification services and set a section 366.26 hearing to select a permanent plan. Over 19 months later, from prison, father submitted a section 388 petition saying he had completed parenting, substance abuse counseling and other classes while incarcerated and seeking an additional six months of reunification services. The juvenile court denied the petition without a hearing. We conclude the juvenile court did not abuse its discretion in finding there was not a sufficient change of circumstances to justify a hearing. We affirm the order. BACKGROUND Father was on active parole for possession of narcotics when the children were detained in June 2012. Police discovered father had left the children alone, along with their two half siblings, in an extremely filthy apartment. He was arrested for child endangerment. Father has an extensive criminal record dating back to 2002, including numerous drug offenses, driving with a suspended license, possession of a dangerous weapon, possession of burglary tools, and carrying a concealed dirk or dagger. Father and mother did not attend the mediation scheduled before adjudication. The Los Angeles County Department of Children and Family Services (Department) later learned that father was incarcerated. After his release from custody, he was transient. Eight months after the children had been detained, mother was incarcerated for possession of rock cocaine, and father was again arrested on outstanding warrants. The juvenile court declared the children dependents at the adjudication hearing held March 7, 2013, and ordered reunification services for both parents.