In re Mauricio v. CA2/7

Filed 8/16/16 In re Mauricio V. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re MAURICIO V., et al., Persons B270046 Coming Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK11791) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

RUBEN V.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Julie Fox Blackshaw, Judge. Affirmed. 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, Brian Mahler, Senior Associate County Counsel, for Plaintiff and Respondent.

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Incarcerated noncustodial father Ruben V. appeals from the juvenile court’s denial of his request that his three dependent children be placed in his custody. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Children Mauricio V., Ruben V., and P.V. came to the attention of the Department of Children and Family Services in 2015 after reports that their mother, G.M. (Mother), neglected them and left them without appropriate supervision. Noncustodial father Ruben V. (Father) was incarcerated in another state. The children were detained. The family had been involved with DCFS in the past. In 2010 Father was alleged to have threatened to kill Mother while the family was in a car, leading Mother to jump from the car when Father stopped at a stoplight so that she could call the police. The children told DCFS that Father had threatened to kill Mother, but the parents denied it. The two older children reported that they had seen their parents fighting and hitting each other. DCFS determined that the allegation of emotional abuse was substantiated. In 2013 DCFS investigated allegations that the parents were neglectful and emotionally abusive to the children. Mother had called 911 and reported that Father was enraged and had threatened to strangle her. During the call, Father could be heard in the background threatening to use a machete against law enforcement. Law enforcement told DCFS that Father sounded violent and mentally or emotionally unstable. Father fled the scene when he heard sirens. Mother told officers that Father had been violent with her on four or five occasions and that she had photographs of the bruises he had caused on her; she had not made a police report because she feared Father’s retaliation. DCFS concluded that the allegations of general neglect by Father were substantiated and a voluntary family maintenance case was opened. The family received services for a year. Mother participated minimally in recommended programs. Father was incarcerated and out of the home during this time. Father had an extensive criminal history, including felony convictions for possession of a controlled substance (2001), burglary (2005), sale of marijuana (2008),