In re Tia S. CA2/8

Filed 4/5/16 In re Tia S. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TIA S. et al., Persons Coming Under B263248 the Juvenile Court Law. (Los Angeles County Super. Ct. No. JD00458)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff,

v.

D.B.,

Defendant and Appellant;

TYRONE S.,

Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Valerie Skeba, Juvenile Court Referee. Reversed and remanded. Suzanne Davidson, under appointment by the Court of Appeal, for Defendant and Appellant. Patti L. Dikes, under appointment by the Court of Appeal, for Respondent. ******

This appeal follows the juvenile court’s denial of D.B.’s (mother’s) application for a restraining order against Tyrone S. (father) without a hearing. We conclude the juvenile court should have held a hearing on mother’s application, which sought to protect both her and her daughter Tia. We reverse the denial of the restraining order without a hearing and remand the case to the juvenile court to hold a hearing. FACTS AND PROCEDURE Mother has two children—T. (currently age 9) and Tia (currently age 16). Father now claims to be the father only of T. Father reported that mother named Tia while he was incarcerated. Father had been convicted for possession of a controlled substance, two counts of transporting or selling a controlled substance, possession of a firearm, and resisting a peace officer. When he was a juvenile, father had petitions sustained for the following crimes: burglary, assault with intent to murder, transportation or sale of a controlled substance, and rape. Mother’s boyfriend had a restraining order, naming father as the person to be restrained. As later sustained, a Welfare and Institutions Code section 300 petition filed February 5, 2014, alleged that father refused to pick up Tia from the police station and refused to provide her with care and supervision thereby endangering her. The petition further alleged that mother has an unresolved history of alcohol abuse, which periodically renders her incapable of providing the children with regular care and supervision. Mother was incarcerated when the petition was filed. Mother’s boyfriend reported that mother had been arrested for appearing in court intoxicated in violation of her probation for driving under the influence. Mother’s prior convictions included filing a false insurance claim for theft of a motor vehicle, willful cruelty to a child, and driving under the influence. Tia initially reported that father physically abused her but later recanted. Father admitted to hitting Tia with a belt several years earlier, in an incident Tia did not remember. T. reported that father never hit her.