L.A. Cnty. Dep't of Children & Family Servs. v. Johnny P. (In re Johnny P.)

In re JOHNNY P., Jr. et al., Persons Coming Under the Juvenile Court Law.

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. JOHNNY P., Defendant and Appellant.

B306565

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN

April 19, 2021

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. 18LJJP00459C-E)

APPEAL from an order of the Superior Court of Los Angeles County, Steven E. Ipson, Juvenile Court Referee. Affirmed.

Elizabeth Klippi, under appointment by the Court of Appeal, for Defendant and Appellant.

Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Stephanie Jo Reagan, Principal Deputy County Counsel, for Plaintiff and Respondent.

____________________

Johnny P., the father of now-12-year-old Johnny P., Jr., seven-year-old Samantha P., and five-year-old daughter A.P., appeals the juvenile court's jurisdiction findings and disposition order declaring the children dependents of the court and removing them from Johnny's custody after the court sustained a petition pursuant to Welfare and Institutions Code section 300, subdivisions (a) and (b)(1).¹ Johnny contends the court's jurisdiction findings as to him and its disposition order were not supported by substantial evidence and the court abused its discretion by ordering him to complete a six-month substance abuse treatment program. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Children's Detention

In October 2019 the Los Angeles County Department of Children and Family Services (Department) received a report that Samantha and A.P. had not been to school for two weeks. The caller also reported a concern that the children's mother, Darline R., was "incredibly violent" and "addicted to drugs." When a Department social worker visited the family home a week later, Samantha answered the door; but Darline refused tocome downstairs and yelled at the social worker to leave. Darline eventually allowed the social worker to enter and reluctantly answered questions. The social worker observed an empty bottle of vodka on the counter and trash and debris on the floor. The kitchen had no stove or refrigerator. Darline explained the family had just moved in and the appliances were to be provided soon. Darline refused to identify four adults who were observed in the attached garage. Darline denied any drug or alcohol use. Darline told the social worker Johnny was currently incarcerated and they were not in contact.

The social worker met privately with Samantha, although the social worker noted Darline was yelling at Samantha from downstairs throughout the interview and eventually declared the interview was over. The social worker observed Samantha's hair was uncombed and her face was dirty. Samantha confirmed she had not attended school since moving out of the home of her maternal grandmother, Maria S., a few weeks earlier. According to Samantha, three adults lived in the home in addition to Darline, including Darline's boyfriend. Samantha reported typically not being offered food until her stomach hurt and she asked Darline for something to eat. She also said she was frequently left alone in the home when Darline went out or went into the garage with her friends to smoke cigarettes. Samantha told the social worker Darline "does bad stuff," including hitting the children with a shoe.

Samantha recounted she had been present when Darline and her friends were smoking and drinking in the house; Samantha said the adults acted "funny," which she explained included laughing loudly and yelling. In a later interview Samantha elaborated on her mother's smoking, describing hermother putting something into a glass pipe with a ball at the end, putting a lighter under it and making it fill with smoke and inhaling it. Samantha said her mother and her friends do this in the house in front of her.

The social worker also interviewed Maria, who stated Darline, Samantha and A.P. had been living with her until recently. Maria was extremely concerned about the family moving out because Darline was violent and did not properly care for the children. According to Maria, when she had last seen the girls, they were dirty, hungry and afraid of being left alone or hit. Johnny, Jr. was living with his paternal grandmother, Adelina A., who had recently moved to Arizona. In a subsequent interview Maria told the social worker Johnny is an alcoholic and she does not think he could stay sober.

At the request of the Department, social workers from the Arizona Department of Child Safety interviewed Johnny, Jr. at Adelina's home in Arizona. They reported Johnny, Jr. appeared clean, healthy and knowledgeable. Johnny, Jr. said he had been living with his dad and Adelina since he was approximately three years old. His father had been incarcerated for the past three months, and he had last spoken to him about a month earlier. Johnny, Jr. stated he was afraid of Darline because she spanked him and hit him with a sandal all over his body. He said she did the same thing to A.P.

At the time of the referral A.P. was in Arizona visiting Johnny, Jr. and Adelina; she was also interviewed by the Arizona Department of Child Safety. A.P. confirmed that Darline hit her with a sandal on her hand and arm, leaving bruises and marks. She said there is never much food in her mother's house, and she has been left home alone on more than one occasion. A.P. alsostated adults whom she did not know came to the house at night. She reported Darline smoked cigarettes and Johnny drank beer. She also said Darline and Johnny hit each other and once Johnny had to go to the hospital because he was bleeding. In a later interview with the Department, A.P. corroborated Samantha's account that Darline's friends live in the home with them.

On December 27, 2019 the juvenile court authorized the Department to detain the children from Darline. Samantha and A.P. were placed in foster care. Johnny, Jr. remained with Adelina.

On December 31, 2019 the Department filed a petition pursuant to section 300, subdivisions (a), (b) and (j), alleging Darline had physically abused the children and had a history of, and current problem with, substance abuse that interfered with her regular care and supervision of the children. The petition also alleged Darline had failed to reunify with two older children, Catherine R. and Alyssa E.,² and had a prior dependency case involving Johnny, Jr. and Samantha. The petition further alleged Darline and Johnny had failed to make an appropriate plan for Johnny, Jr. upon Johnny's incarceration because they had failed to authorize Adelina to obtain medical care for Johnny, Jr.

The detention report contained information regarding the family's prior dependency proceedings. In 2011 the Departmentreceived a report Johnny had repeatedly driven while under the influence of alcohol with Johnny, Jr. in the car. The family received voluntary maintenance services. Later in 2011 Johnny, Jr. was declared a dependent of the juvenile court based on Darline's substance abuse and domestic violence between Johnny and Darline. There was another referral in 2011 related to Johnny's niece, who was in Adelina's custody. The referral stated Johnny would visit Adelina's house while intoxicated, yell and scream at people and steal things to sell for drugs.

In 2013 Johnny, Jr. and Samantha were declared dependents of the juvenile court based on Darline's substance abuse and Johnny's alcohol and methamphetamine abuse. The petition specifically alleged Johnny, Jr. had been in his father's care while Johnny was under the influence of alcohol. The court returned the children to their parents' custody and terminated dependency jurisdiction in 2015.

In 2016 police were called to the home for a domestic violence incident. Darline told police Johnny had come home drunk. He became angry, threw food at Darline and punched her in the shoulder. Darline told the police officers Johnny was frequently physically abusive to her, but she declined an emergency protective order.

The detention report also included Darline's and Johnny's criminal histories. Darline's history included arrests for possession of controlled substance for sale, receiving stolen property and assault with a deadly weapon. Johnny's history included arrests for transportation or sale of narcotics or controlled substances, theft, robbery and multiple convictions for being under the influence of a controlled substance and disorderly conduct intoxication. In August 2016 Johnny had beenarrested for driving under the influence of alcohol. Johnny's 2019 incarceration was based on an outstanding warrant for an arrest in October 2018 for bringing a controlled substance into a prison, jail or other institution.³

The detention hearing was held on January 2, 2020. Johnny was not present because he was still incarcerated. The children were detained from Darline; she was ordered to submit for drug testing; and her visits were ordered to be monitored.

In a last minute information filed January 15, 2020 the Department reported Johnny had been released from custody on January 6, 2020 and transferred to an inpatient substance abuse program. Johnny subsequently appeared at a hearing on January 17, 2020, at which he denied the allegations in the petition, was ordered to submit to drug testing and was granted monitored visitation.

The Department filed a first amended petition on January 30, 2020, adding allegations pursuant to section 300, subdivisions (b) and (j), that Johnny's extensive history of methamphetamine and alcohol abuse and his recent alcohol abuse rendered him incapable of...