In re E.N. CA6

Filed 7/8/16 In re E.N. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re E.N., a Person Coming Under the H042890 Juvenile Court Law. (Monterey County Super. Ct. No. J47501)

MONTEREY COUNTY DEPARTMENT OF SOCIAL & EMPLOYMENT SERVICES,

Plaintiff and Respondent,

v.

M.A.,

Defendant and Appellant.

M.A. is the father of E.N., and appeals the juvenile court’s order terminating his parental rights pursuant to Welfare and Institutions Code section 366.26.1 On appeal, father asserts that the court erred when it found that the beneficial parent/child relationship exception to adoption pursuant to section 366.26, subdivision (c)(1)(A) did not apply in this case.

1 All further statutory references are to the Welfare and Institutions Code.

STATEMENT OF THE FACTS AND CASE On November 1, 2013, Monterey County Department of Social and Employment Services (Department) filed a juvenile petition regarding E.N., a newborn baby girl. Following her birth, E.N. had a positive toxicology screen for opiates and benzodiazepines. The petition alleged failure to protect, and that Father had threatened to kill the mother at the hospital, and was an “extremely hostile, aggressive, and violent man” with an extensive history of domestic violence. The petition also alleged that Mother was addicted to pain-killers, suffered from bipolar disorder and had overdosed on prescription medications on two previous occasions. E.N. was detained on November 4, 2013 and the court ordered that both parents undergo psychological evaluations. Dr. Elizabeth Lee interviewed Father on November 18, 2013. According to Veterans Administration records, Father had developed post-traumatic stress disorder (PTSD) from being in combat during a four- month tour in Afganistan as part of a four-year stint in the army. He told Dr. Lee that he had intrusive memories, difficulty sleeping, and nightmares. He said he had received intermittent services from the Veterans Administration since 2011. Father had been convicted of felony battery against his first wife in 2004 and spent two and a half months in jail. He attended a 52-week domestic violence class and was on probation for three years. Father was arrested in 2013 for spousal battery, and the charges were dropped by the district attorney’s office. He denied any recent incidents of domestic violence, but acknowledged that he had a problem with anger management and self-control. Father was tearful when he discussed the fact that he could not see his daughter. He felt that the stress of worrying about his wife’s substance abuse while pregnant helped to trigger his PTSD symptoms. At the jurisdictional hearing on December 18, 2013, the parents submitted