In re N.C. CA2/2

Filed 10/4/21 In re N.C. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re N.C., a Person Coming B310951 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 19CCJP01343B)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

NICHOLAS C.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Tamara E. Hall, Judge. Affirmed. Neale B. Gold, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and David Michael Miller, Deputy County Counsel, for Plaintiff and Respondent.

The father in this juvenile dependency appeal, Nicholas C. (Father), challenges the juvenile court’s order terminating reunification services with regard to his son N.C. At the six-month review hearing, the court found that respondent Department of Children and Family Services (DCFS) offered or provided reasonable reunification services and that Father failed to engage in any services. Father contends that DCFS failed to provide reasonable services while he was incarcerated and that he is entitled to another period of reunification. We conclude substantial evidence supports the juvenile court’s finding and affirm. FACTS AND PROCEDURAL HISTORY I. Facts Father has two minor children with S.P. (Mother): N.C. (born 2019), the subject of this appeal, and J.C. (born 2018).1 Mother is not a party to this appeal and sibling J.C. is not a subject of this appeal. In April 2019, the juvenile court asserted dependency jurisdiction over sibling J.C. based on Father’s and Mother’s substance abuse, Mother’s history of violent altercations, and Father’s failure to make an appropriate plan for the child’s ongoing care and supervision. In June 2019, the juvenile court placed J.C. with Mother, ordered reunification services for Father with regard to J.C., and ordered Father to participate in a full drug and alcohol program, weekly drug testing, and parenting and individual counseling. Father never participated in any court-ordered services regarding J.C. In January 2020, Father was arrested and incarcerated on a murder charge, and remained in jail throughout the period relevant to this appeal. In May 2020, Mother was found unresponsive and not breathing in a vehicle with both eight-month-old N.C. and sibling J.C. present, apparently due to a drug overdose, and was revived with Narcan.