Rufino S. v. Superior Court of L.A. Cty.

Opinion

THE COURT.* Rufino S., biological father1 of minor Maria S., challenges an order setting a permanency planning hearing (Welf. & Inst. Code, § 366.22),2 contending “inability of father to attend hearing deprives him of his right to participate” in the dependency proceedings. We disagree and therefore deny the petition.

[1311]Facts

On June 3, 1995, Maria S. was bom. She exhibited symptoms of drug withdrawal and tested positive for cocaine. Rufino abused drugs and did not prevent the birth mother from abusing drags during her pregnancy with Maria. To the contrary, Rufino actively participated in the birth mother’s drag abuse during the pregnancy and, the day before Maria’s birth, Rufino and the birth mother “were at a rock house using crack cocaine.” Rufino went beyond helping the birth mother abuse herself and their unborn child through the use of drags. He also physically abused the birth mother and Maria’s siblings.

Rufino, incarcerated throughout most of the reunification period, has had numerous police contacts since he was 18 years old. On June 29, 1988, he was convicted of spousal abuse and placed on 24 months’ probation. On February 8, 1990, he was convicted of driving under the influence, causing great bodily injury, and was sentenced to state prison for 16 months.

Rufino was on probation for a conviction for possession of a controlled substance at the time of Maria’s birth, but was soon rearrested for violating parole and was housed at Wayside Honor Rancho. On September 19, 1995, he signed a waiver of his presence at the September 21,1995, hearing on the petition. At the time he signed the waiver, Rufino told the children’s social worker (CSW) Jerry Boyd at a face-to-face meeting: “I really don’t want to go to court. I don’t want to get involved with the other kids. I would just like to see my daughter.”

Rufino was sentenced to state prison and was transferred to the California Rehabilitation Center in Norco. On July 11, 1996, Rufino signed a waiver of his presence at the July 30, 1996, hearing. The form waiver states, in pertinent part: “I do not want to attend the hearing .... I understand that the hearing will proceed without my presence.”

Rufino was represented by appointed counsel at all dependency hearings. On July 30, 1996, Rufino was ordered to participate in counseling including parenting, drags, and domestic violence. Rufino was also ordered to participate in drag testing.