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In Re F. K., A Person Coming Under the Juvenile Court Law. v. F. K.

July 2, 2012

IN RE F. K., A PERSON COMING UNDER THE JUVENILE COURT LAW. SAN JOAQUIN COUNTY HUMAN SERVICES AGENCY, PLAINTIFF AND RESPONDENT,
v.
F. K., SR., DEFENDANT AND APPELLANT.



(Super. Ct. No. J05625)

The opinion of the court was delivered by: Robie , Acting P. J.

In re F.K. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

F. K., Sr., the father of the minor F. K., appeals from the juvenile court's dispositional orders denying reunification services. (Welf. & Inst. Code,*fn1 §§ 361.5, subds. (b)(12), (e)(1), 395.) Father contends the order denying reunification services was an abuse of discretion. We affirm.

BACKGROUND

F. K. was born in June 1996. He lived with father, who had raised him on his own since the age of two. Father has 1984 convictions for rape by force or fear, forcible oral copulation of a child under 14 years old, robbery, and a 1998 misdemeanor conviction for making criminal threats. In December 2010, father was arrested on charges of first degree robbery, criminal threats, burglary, petty theft with a prior theft conviction, and felon in possession of a firearm. The 14-year-old minor was left home by himself as father had no one who could care for him. There was no food in the home other than a package of ramen and two eggs. The minor was placed in protective custody by Children's Protective Services.

In January 2011, the San Joaquin County Human Services Agency (agency) filed a dependency petition alleging jurisdiction over the minor pursuant to section 300, subdivisions (b) (failure to protect) and (g) (no provision for support). The minor was released to mother's custody shortly thereafter.*fn2

The minor told a social worker that father is very nice to him and he would not change a thing. Father takes Xanax to calm down and is easily irritated if he does not take it.

In a tearful interview at the county jail, father reported that he needed a gun after being robbed at gunpoint two months earlier. Father went to the Big 5 in Lodi and asked to see a gun; he then took the one the clerk showed him and ran off. He had stopped taking Xanax at the time of the robbery because he runs out of it at the end of the month. He is addicted to the drug, and his behavior changes when he stops taking it.

Father told the social worker his son was everything to him. Due to mother's neglect and abuse, father has raised the minor by himself since he was two. Since he gets only $115 a month in food stamps, father runs low on food by the end of the month. He gets cash aid and SSI, but not enough to cover rent and other items.

The March 2011 jurisdiction and disposition report noted the minor did not attend school regularly while living with father and had a .250 grade point average. The social worker requested victim witness funding for the minor to get counseling to address the emotional problems caused by growing up in an environment of severe deprivation.

While mother had a history of substance abuse and child neglect, she was maintaining a clean home full of children from her current marriage. The report recommended awarding custody to mother and dismissing the dependency.

Police reports from father's charged offenses were appended to the jurisdiction and disposition report. According to two Big 5 employees, father entered the store and asked to see shotgun ammunition. When that was produced, father then asked to see a shotgun. Father took a shotgun and a gun case and left the store. A store manager confronted father in the parking lot; father told the manager he was going to load the shotgun and kill him if he did not stop following him. Father then got ...


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