In re L.A. CA2/1

Filed 5/24/13 In re L.A. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re L.A., a Person Coming Under the B244441 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK75770)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JOSE A.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Marguerite D. Downing, Judge. Affirmed. Frank H. Free, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Kim Nemoy, Principal Deputy County Counsel, for Plaintiff and Respondent. _____________________

Jose A. (Father) appeals from the September 26, 2012 order terminating his parental rights over L.A., contending that the juvenile court committed reversible error by failing to make a finding by clear and convincing evidence that Father was an unfit parent. We disagree because the court made a finding of detriment based on substantial clear and convincing evidence. We affirm. BACKGROUND On December 29, 2008, the Los Angeles County Department of Children and Family Services (DCFS) filed a petition pursuant to Welfare and Institutions Code section 300, subdivisions (b) (failure to protect) and (g) (failure to provide) on behalf of L.A., born in 2008, and Javier M., born in 2000.1 Father is not the father of Javier M. As amended and sustained, paragraph b-1 of the petition alleged under section 300, subdivision (b) that Leticia C. (Mother) caused a detrimental home environment by keeping marijuana and loaded handguns in the home. Also, Mother was arrested in 2008 for a probation violation for possession of illicit drugs and child endangerment. As amended and sustained, paragraph g-1 of the petition alleged under section 300, subdivision (g) that Javier‘s father failed to provide for Javier. The juvenile court dismissed paragraph b-2, which had alleged under section 300, subdivision (b) that Mother caused a detrimental home environment by allowing a gang member to reside in the home and by permitting gang activity in the home, resulting in the house being shot at by rival gang members. The court dismissed paragraph b-4, which had alleged under section 300, subdivision (b) that Father failed to protect L.A. by failing to provide for L.A., and paragraph g-2, which had alleged under section 300, subdivision (g) that Father failed to provide for L.A. Mother, Javier, and Javier‘s father are not parties to this appeal. In December 2008, at the age of six months, L.A. was detained. After initially being placed in a foster home, L.A. was placed with maternal great-aunt, Guadalupe S., in January 2009. Father had been arrested in October 2008 for a parole violation and was