San Diego County Health & Human Services Agency v. Hugo G.

Opinion

AARON, J. Presumed father Hugo G. appeals a judgment following the dispositional hearing in the juvenile dependency case of his sons, Erick G. and Edwin G. (together, the boys).1 Hugo contends that the court erred in denying him reunification services. We affirm.

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Background

In October 2011, the San Diego County Health and Human Services Agency (the Agency) filed dependency petitions on behalf of 11-year-old A.G. (Welf. & Inst. Code, § 300, subd. (d) [sexual abuse]),2 and on behalf of eight-year-old Erick, three-year-old Edwin and nine-month-old Brianna (§ 300, subd. (j) [abuse of a sibling]).3 The petitions alleged that on January 26, 2010, Hugo sexually abused A.G. Specifically, the petitions alleged that Hugo forced A.G. to remove her clothing, touched her vaginal area with his hand, removed his pants and asked her to touch his penis and attempted to penetrate her anus with his penis.

A.G. and Erick were detained at Polinsky Children’s Center, and Edwin and Brianna were detained in a foster home. At the October 20, 2011, detention hearing, the court authorized voluntary services for Hugo, and ordered that his visits with the boys be supervised.

In November 2011, the Agency filed amended petitions. The amended petitions contained additional allegations that between September 2010 and October 17, 2011, Hugo physically abused A.G., Erick and Edwin. (§ 300, subd. (a) [serious physical harm inflicted nonaccidentally].)4 Specifically, the amended petitions alleged that Hugo hit them with a belt, leaving marks and bruises on their legs. The children’s mother, Martha H., saw the bruises but was unable to stop Hugo from hitting A.G., Erick and Edwin. In October 2010, in Martha’s presence, Hugo slapped A.G. and “hit her on the eye with his finger . . . .” A.G., Erick and Edwin were afraid of Hugo.

In November 2011, the children were detained with the paternal grandparents at Hugo and Martha’s home, and Hugo and Martha moved out. At the November 9 detention hearing on the amended petitions, Hugo’s counsel requested that the court order the Agency to refer Hugo to a 52-week child abuse class. The court denied the request.

On January 3, 2012, the court made true findings on the amended petitions. During the dispositional phase of the hearing, the court asked for further argument regarding the section 300, subdivision (j) counts in the boys’ amended petitions. After hearing argument, the court dismissed those counts.