In re Angelina G. CA2/1

Filed 5/2/16 In re Angelina G. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re ANGELINA G. et al., Persons B267517 Coming Under the Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. DK09753) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JOSUE G.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Julie Fox Blackshaw, Judge. Reversed in part. Daniel G. Rooney, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, R. Keith Davis, Acting Assistant County Counsel, Peter Ferrera, Deputy County Counsel, for Plaintiff and Respondent. _______________________________

The juvenile court detained two children from their presumed father, who had been incarcerated for robbery since 2012, on the ground that his one act of domestic violence (involving no children) in 2006 and his drug use before incarceration created a substantial risk the children would suffer serious physical harm after his release from prison. We reverse. BACKGROUND The household in these dependency proceedings consists of Christina M. (Mother) and her five children, two by Francisco M., a third by another man, and Angelina G. and Laila G., the daughters of Josue G. (Father). None of the fathers resides with Mother. This appeal concerns only Angelina G. and Laila G., ages 11 and 9 at the time of the hearing, and Father is the only appellant. Father was arrested for possession of alcohol in 2000, less than a month after he turned 14. He was arrested seven months later for possession of a controlled substance; in 2003 for possession of a weapon at school; and in 2006 for spousal battery, possession of a firearm, possession of cocaine base for sale, burglary, and making threats. In 2006 or 2007, Father kicked in a door and smashed a table in a residence while his girlfriend (not Mother) was present. No children were involved. He was convicted of inflicting injury on a present or former dating partner and sentenced to five years probation and ordered to complete a year of domestic violence classes. He failed to complete the classes. At the same time, Father was convicted of assault with a deadly weapon and possession of cocaine base for sale, and was required to register as a controlled substance offender. (Health & Saf. Code, § 11590.) In 2007, Father was arrested for possessing a controlled substance and was sentenced to 88 months in prison for violating the terms of his probation. In 2011, Father was arrested and returned to prison for an unspecified parole violation. In 2012, Father was sentenced to a three-year prison term for robbery. His scheduled release was in September 2015. In October 2014, Francisco M. committed an act of domestic violence against Mother. She obtained a restraining order against him, but occasionally let him visit his