In re R.A. CA3

Filed 12/28/23 In re R.A. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Calaveras) ----

In re R.A. et al., Persons Coming Under the Juvenile C098656 Court Law.

CALAVERAS COUNTY HEALTH AND HUMAN (Super. Ct. Nos. 22JD6470, SERVICES AGENCY, 22JD6471 & 22JD6472)

Plaintiff and Respondent,

v.

J.A. et al.,

Defendants and Appellants.

Appellant J.A. (father) and S.A. (mother), parents of the minors, appeal from the juvenile court’s dispositional orders. (Welf. & Inst. Code, §§ 388, 395.)1 The parents contend the court’s orders exercising dependency jurisdiction and removing the minors

1 Undesignated section references are to the Welfare and Institutions Code.

1

from their custody were not supported by substantial evidence. The parents further claim the juvenile court erred in summarily denying their oral section 388 petition without an evidentiary hearing. We will affirm the juvenile court’s orders. BACKGROUND In September 2022, the Calaveras County Health and Human Services Agency (the Agency) filed section 300 petitions on behalf of each of the three minors, R.A. (15 years old), D.A. (14 years old), and W.A. (13 years old) (the minors), which petitions were subsequently amended. The amended petitions included allegations pursuant to section 300, subdivisions (a), (b), (c), and (i) (hereafter sections 300(a), 300(b), 300(c), and 300(i)).2 The amended allegations asserted solely against father were based on serious physical harm inflicted on the minors by father, which was often the result of father’s “binge drinking” resulting in “severe intoxication” (§ 300(a)(1)); serious physical harm due to father’s repeated spanking of the minors with hard objects (§ 300(a)(2)); serious emotional damage due to father’s use of various methods, including binge drinking, to escape having to parent the minors (§ 300(c)(2)); admitted handcuffing of then seven- year-old W.A. to a chair as a “ ‘scared straight’ ” tactic (§ 300(c)(3)); repeated yelling in D.A.’s face in such close proximity that father spit in D.A.’s face (§ 300(c)(4)); forcing D.A. to look at pornographic material to punish D.A. for saying “ ‘suck it’ ” or “ ‘suck my’ ” in jest (§ 300(c)(5)); and hitting, pushing, and threatening to kill D.A. and telling the minors, “ ‘I hope you all die in your sleep’ ” (§ 300(c)(6)). The amended allegations asserted against both parents were based on father’s alcohol abuse and mother’s knowledge thereof and failure to protect the minors therefrom (§ 300(b)(1)-(3) & (7)); the parents’ failure to ensure the minors’ access to mental health