In re Luke P. CA2/8

Filed 4/30/13 In re Luke P. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 LUKE P., a Person Coming Under the B241731 Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. CK84786) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JOSE P.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Margaret S. Henry, Judge. Pamela Tripp, Referee. Affirmed.

Valerie N. Lankford, under appointment by the Court of Appeal, for Plaintiff and Appellant.

John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel and Emery El Habiby, Deputy County Counsel, for Defendant and Respondent.

__________________________

Appellant Jose P. (father) is the presumed father of Luke P., who was declared a person described by Welfare and Institutions Code section 300, subdivision (b) in January 2011.1 Father appeals from the April 6, 2012 order that Luke remain placed in an unrelated foster home, which reversed a prior order placing Luke with a paternal aunt in Mexico. Father contends the dependency court did not have authority to reverse the prior order which had been made by a different judicial officer. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Luke and his seven siblings were brought to the attention of the Los Angeles County Department of Children and Family Services (DCFS) in September 2010 by a referral alleging general neglect as well as emotional and physical abuse. At the time, only one-year-old Luke, five-year-old twins Cristina and Luna and 11-year-old Carlos were living at home. Luke, Cristina, Luna and Carlos were detained and placed locally with maternal aunt Maria G.2 and a section 300 petition was filed. On January 6, 2011, the dependency court sustained paragraphs B-1 (mother‟s substance abuse), B-2 (domestic violence), B-3 (father‟s substance abuse), and B-5 (inappropriate physical discipline by parents) of a third amended petition. About a week later, DCFS filed a supplemental petition (§ 387) alleging that maternal aunt Maria G. was no longer able to care for the four children. Pursuant to stipulation of all parties, the