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In Re R.A., A Person Coming Under the Juvenile Court Law. v. H.A

September 5, 2012

IN RE R.A., A PERSON COMING UNDER THE JUVENILE COURT LAW. BUTTE COUNTY DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES, PLAINTIFF AND RESPONDENT,
v.
H.A., DEFENDANT AND APPELLANT.



(Super. Ct. No. J33677)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Father H.A. appeals from a juvenile court order terminating his parental rights regarding minor R.A. (Welf. & Inst. Code, §§ 395, 366.26.)*fn1 Father contends the juvenile court abused its discretion in finding that the beneficial parent-child relationship exception to adoption did not apply. We will affirm the order.

BACKGROUND

In October 2007, minor and her three older siblings were detained after father assaulted one of her brothers inside a grocery store. The mother and the other siblings are not parties to this appeal. Two of the siblings reported that father pulled their hair and ears when they were in trouble and sometimes hit them with a belt.

Butte County Department of Employment and Social Services (DESS) filed a dependency petition in October 2007, alleging jurisdiction pursuant to section 300, subdivision (j) (abuse of sibling). The January 2008 jurisdiction report related the family's significant child welfare history, with over 36 referrals in the last nine years. The juvenile court sustained the dependency petition.

DESS recommended reunification services for the parents in the February 2008 disposition report. The report described minor as emotionally and mentally appropriate for her age. She participated in weekly supervised visits with father. The juvenile court ordered reunification services for father and no services for mother.

The June 2008 status report noted that two of the siblings refused to visit father because he had mistreated them, but minor wanted to see father. Father pleaded guilty to misdemeanor child abuse. Services were continued at the July 2008 six-month review hearing.

The December 2008 12-month report recommended returning minor and one of the siblings to the mother and continuing another sibling in foster care, with services for both parents. Mother completed extensive services on her own and had an extended visit with the children in November 2008. Minor told her therapist in September 2008 that father was "mean."

The juvenile court returned minor and one of the siblings to mother with maintenance services and continued another sibling in foster care with an additional six months of services for the parents. But mother abandoned minor and her sibling at a DESS office in March 2009 after being asked to drug test. DESS filed a supplemental petition for more restrictive placement. (§ 387.) Minor and her sibling were detained later that month. The juvenile court sustained the amended petition in May 2009.

The June 2009 disposition report substantiated allegations that father molested minor's sister. Minor visited father all day twice a week, but she would urinate in her pants after the visits. The visits were reduced to two-hour supervised visits twice a week when the sexual abuse allegations were substantiated.

Following a contested hearing in September 2009, the juvenile court terminated services for both parents and ...


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