In re S.M. CA2/8

Filed 1/19/22 In re S.M. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re S.M., a Person Coming B310976 Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 20LJJP00596A) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

MARIO M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael C. Kelley, Judge. Affirmed. Patricia K. Saucier, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Melania Vartanian, Deputy County Counsel, for Plaintiff and Respondent.

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Father Mario M., who is serving a life sentence for murder, appeals the dispositional order removing his then 15-year-old daughter, S.M. from his custody after she had been removed from the custody of her legal guardian. The sole contention he asserts on appeal is that the Los Angeles County Department of Children and Family Services (Department) failed to investigate and assess relatives for placement of S.M., including S.M.’s adult brother, and two other relatives identified by father for placement. We affirm. FACTUAL AND PROCEDURAL BACKGROUND This family came to the attention of the Department in July 2020, following a referral that paternal grandmother, who is S.M.’s legal guardian, slapped and verbally abused S.M., and that S.M. has a history of mental health issues and self-harm, and a psychiatric hospitalization for attempting suicide. S.M. had been diagnosed with major depressive disorder. During the Department’s investigation, paternal grandmother decided that she could no longer care for S.M., and told the Department there were no other family members willing to care for her. Paternal grandmother wanted S.M. removed from her home, even if that meant she would be placed in foster care. According to paternal grandmother, mother and father resided in Nevada. Father was serving a life sentence in prison for second degree murder. The Department was attempting to locate mother and father. S.M. was placed in foster care on September 17, 2020. According to her foster mother, S.M. had to be “constantly . . . monitor[ed]” for her remote learning. She also suffered from enuresis and encopresis, and low self-esteem. S.M. would tell lies for attention, and would take things that did not belong to her. S.M.’s therapist warned the caregiver to monitor her access to