In re Josiah J. CA1/3

Filed 8/31/22 In re Josiah J. CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re Josiah J., a Person Coming Under the Juvenile Court Law.

SOLANO COUNTY HEALTH & SOCIAL SERVICES DEPARTMENT, A163796 Plaintiff and Respondent, v. (Solano County Super. Ct. No. J43394) D.H., Defendant and Appellant.

MEMORANDUM OPINION1 Josiah J. is a 12-year-old boy who lives with his mother (Mother) and an older sibling and has four-hour visits twice a month with his father (Father). Pursuant to custody orders entered under Welfare & Institutions Code section 364 (all undesignated statutory references are to this code), Father’s visits are supervised by Father’s wife. From the decision not to

We resolve this case by a memorandum opinion pursuant to 1

California Standards of Judicial Administration, section 8.1. (See also People v. Garcia (2002) 97 Cal.App.4th 847, 853–855.)

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require that these visits be professionally supervised, Mother has timely appealed. We affirm. BACKGROUND In July 2016, the juvenile court sustained jurisdictional allegations as to Josiah under section 300, subdivision (b) as follows: that Mother maintained a loaded firearm in the residence where it was accessible to her children; that she was involved in an altercation with law enforcement in front of the children, and while using a firearm in an unsafe manner; that Mother was suffering from depression and alcohol abuse; and that Father had committed domestic violence. Josiah and two older siblings were placed with relatives for a period of years, but in January 2021 he returned to Mother’s home. By September 2021 the court convened a family maintenance review hearing under section 364. In the reporting period leading up to this hearing, Father had had hour-long visits supervised by the Solano County Health & Social Services Department (Department). At the hearing, the recommendation of the Department was that Father’s visits remain supervised. Father contested this aspect of the recommendation, so the matter was continued to October 4, 2021. The juvenile court heard testimony at the October 4 hearing that Father previously had a criminal case involving Mother, in which he was convicted and placed on probation and did not successfully complete his probationary terms. The court also had a copy of Mother’s August 5, 2021 request for a restraining order against Father, in which Mother alleged two incidents of domestic violence against her, both in Josiah’s presence. Specifically, she stated that on a June 24, 2021 phone call with Josiah, Father had threatened to kill her because he was “tired of” her. And she