Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In Re D.J., A Person Coming Under the Juvenile Court Law. v. Darius J

August 20, 2012

IN RE D.J., A PERSON COMING UNDER THE JUVENILE COURT LAW. SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, PLAINTIFF AND RESPONDENT,
v.
DARIUS J., DEFENDANT AND APPELLANT.



(Super. Ct. No. JD231494)

The opinion of the court was delivered by: Nicholson , J.

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Darius J., father of the minor, appeals from the juvenile court's judgment of disposition which denies him visitation with the minor. (Welf. & Inst. Code, § 395, subd. (a)(1).)*fn1 He complains that the juvenile court restricted his contact with the minor to supervised letters. We affirm.

BACKGROUND

Because the issue in this case is limited to father's visitation with the minor, we recite only those facts which are relevant to that issue.

The minor was born in August 2007. On May 5, 2008, father assaulted mother in the presence of the minor and her older sibling. He was arrested shortly thereafter and convicted of forcible sodomy, domestic violence and making criminal threats. The trial court found he had a prior serious felony conviction and sentenced him to 14 years four months in state prison.

In October of 2010, the minor began showing signs of illness resulting in several trips to the emergency room. On December 23, 2010, she was diagnosed with a brain tumor and underwent immediate brain surgery. It was discovered she had a high-grade anaplastic ependymoma, which has a high risk of recurrence. After her surgery, the minor received radiation treatment from February 2011 through the end of March 2011. She also required hospitalization from March 14 to March 31, 2011, for treatment for two infections.

Upon her release from the hospital, the minor continued on numerous medications (some several times a day), required a broviac catheter and a gastrostomy tube, had a restricted diet which included the use of a gastrostomy tube, and was seeing numerous doctors. From January 14, 2011, to March 31, 2011, the minor had 59 medical appointments scheduled.

On April 13, 2011, the Sacramento County Department of Health and Human Services (DHHS) filed a section 300 petition, alleging that the minor was at substantial risk of suffering serious harm or illness based on mother's failure to provide adequate medical care.*fn2 Upon DHHS recommendation, the juvenile court ordered no visitation for father, who had not seen the minor for approximately one year. Father was housed in High Desert State Prison, in Susanville.

The juvenile court assumed jurisdiction after a contested hearing and the matter was set for disposition. By the time of the October 2011 disposition hearing, the minor's medical condition had significantly improved. Unfortunately, she remains at high risk for recurrence, either locally or in another area of her central nervous system. The minor also still required feeding through a gastronomy tube. In addition to speech therapy appointments every week, the minor also had regular appointments with three different doctors, and periodic follow-up appointments with a radiation oncologist, including MRI's.

The juvenile court placed the minor with mother under supervision and with services. The juvenile court denied services for father pursuant to section 361.5, subdivision (b)(12) (violent felony conviction) and subdivision (e)(1) (incarcerated parent). Over father's objection, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.