In re L.A. CA2/6

Filed 1/20/21 In re L.A. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re L.A. et al., Persons 2d Juv. No. B306404 Coming Under the Juvenile (Super. Ct. Nos. J072449, Court Law. J072450.) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

R.A.,

Defendant and Appellant.

R.A., father of two minor children, (Father) appeals an order of the juvenile court dismissing the minors’ petitions and placing them in their mother’s physical and legal custody. We conclude that the juvenile court did not abuse its discretion by not holding an in-camera hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118, 124 (Marsden), and affirm. (In re Z.N.

(2009) 181 Cal.App.4th 282, 294 [standard of review of denial of Marsden motion].) FACTUAL AND PROCEDURAL HISTORY Father and E.A. (Mother) are legally separated and the parents of two minor children, L.A. and L.R.A. On March 10, 2020, the Los Angeles County Juvenile Court detained two of Father’s younger minor children (half-siblings) because of his substance abuse. Social welfare concerns arose when Father’s girlfriend gave birth and she and Father appeared to be under the influence of drugs in the hospital. Father and his girlfriend refused to participate in drug testing, either for themselves or their newborn. On March 24, 2020, the Ventura County Human Services Agency (HSA) filed a dependency petition alleging that Father was using methamphetamine and abusing prescription drugs and that his other minor children were the subject of current Los Angeles County juvenile dependency proceedings. (Welf. & Inst. Code, § 300, subds. (b) & (j).) The juvenile court detained L.A. and L.R.A., placed them in Mother’s exclusive custody, and appointed counsel to represent Father. On April 16, 2020, HSA submitted a jurisdiction and disposition report recommending that the juvenile court sustain the dependency petition but dismiss the dependencies and grant Mother full legal and physical custody. Father challenged the recommendation and requested a contested jurisdiction and disposition hearing. On May 18, 2020, the court continued the contested hearing date to May 21, 2020, at Father’s request.1