In re P.C. CA4/1

Filed 10/27/21 In re P.C. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re P.C. et al., Persons Coming Under the Juvenile Court Law. D079003 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. Nos. J519874A-B) Plaintiff and Respondent,

v.

P.R.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of San Diego County, Matthew C. Braner, Judge. Affirmed. Paul A. Swiller, under appointment by the Court of Appeal, for Defendant and Appellant. Lonnie J. Eldridge, County Counsel, Caitlin E. Rae, Chief Deputy County Counsel and Lisa M. Maldonado, Deputy County Counsel for Plaintiff and Respondent. P.R. (Father) appeals from the juvenile court’s orders terminating parental rights to his son, P.C., and daughter, M.C. (together the children).

(Welf. & Inst. Code, § 366.26.)1 He contends that the juvenile court erred in finding that the beneficial parent-child relationship exception to adoption did not apply because he maintained consistent visitation and had a beneficial relationship with the children.2 (§ 366.26, subd. (c)(1)(B)(i).) We disagree and affirm the orders terminating parental rights. FACTUAL AND PROCEDURAL BACKGROUND In 2017, the San Diego County Child Welfare Services Agency (Agency) received two reports of domestic violence between the parents. During one incident, P.C. hit his head against a wall when Mother pushed Father as he held P.C. In July 2018, the Agency received a referral regarding a domestic violence incident between the parents at the hospital after M.C.’s birth. In early October 2018, the Agency filed petitions on behalf of the children under section 300, subdivision (b)(1) alleging that a substantial risk existed that the children would suffer serious physical harm or illness based on domestic violence. The petitions recounted an incident in late September 2018 where Father brandished a knife and threatened to kill Mother. The protective custody warrant affidavit recounted Mother’s statements that Father pushed her against a wall, threw her on the floor, and threw items at her and around the room. Father also hit Mother as she held M.C. and then choked Mother. The children were crying and P.C. hit Father attempting to stop the assault. Mother obtained a restraining order requiring that Father remain 100 yards away from her and have no contact with the children. Father did not appear at the detention hearing where the juvenile court made a prima facie