San Bernardino Cnty. Children & Family Servs. v. C.L. (In re A.L.)

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In re A.L., a Person Coming Under the Juvenile Court Law.

SAN BERNARDINO COUNTY CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. C.L. et al., Defendants and Appellants.

E083244

California Court of Appeals, Fourth District, Second Division

November 7, 2024

NOT TO BE PUBLISHED

APPEAL from the Superior Court of San Bernardino County. No J-294238 Annemarie G. Pace, Judge. Affirmed.

Tracy M. De Soto, under appointment by the Court of Appeal, for Defendant and Appellant C.L.

William D. Caldwell, under appointment by the Court of Appeal, for Defendant and Appellant R.L Tom Bunton, County Counsel, and Pamela J. Walls, Special Counsel for Plaintiff and Respondent.

OPINION

FIELDS J.

I. INTRODUCTION

Defendant and appellant R. L. (Father) appeals from the February 14, 2024 orders terminating parental rights to his child, A.L., and selecting adoption as A.L.'s permanent plan. (Welf. & Inst. Code, § 366.26.^[1]) Father does not challenge the section 366. 26 orders. Instead, Father challenges the sufficiency of the evidence supporting the court's November 30, 2022 jurisdictional findings pertaining to Father (§ 300, subds. (b)(1), (g)), and the disposition order denying Father reunification services on the grounds Father is A.L.'s "mere" biological father, not presumed father, and reunification services for Father would not serve A.L.'s best interest (§ 361.5, subd. (b)).

As an initial matter, Father claims he has shown good cause for not timely appealing the November 30, 2022 dispositional orders: he was not given written notice of his right to appeal the orders; nor was he given written notice of his right to petition for an extraordinary writ, challenging the October 17, 2023 order setting the section 366.26 hearing. (Cal. Rules of Court, rule 5.590(a), (b).^[2]) A.L.'s mother, C.L. (Mother), also appeals from the section 366.26 orders. Mother joins Father's claims, but Mother raises no claims independent of Father's claims.

We conclude Father has not shown good cause to be excused from his failure to timely appeal the November 30, 2022 disposition orders. Nonetheless, we address Father's claims and conclude they lack merit. Thus, we affirm the November 30, 2022 jurisdictional findings and dispositional orders, and the section 366.26 orders.

II. BACKGROUND

A. Events Preceding A.L.'s Dependency

A.L. was born in November 2021. On August 27, 2022, Mother was pulled over while towing a stolen trailer, with three adult males and nine-month-old A.L. in Mother's car. Upon a search of the car, officers found methamphetamine in a" 'baggie'" about six inches from where A.L. was "sitting." A "meth pipe" was also found "in" A.L.'s car seat, and A.L. was "lying on top of" the car seat. There were "dirty and soiled diapers in the car," and "all the baby bottles in the car contained old/stale milk." Mother was arrested and jailed for stealing a vehicle, possession of a stolen vehicle, conspiracy, and child endangerment. Mother had a criminal history that included grand theft and methamphetamine possession.

Since June 2022, Father had been incarcerated in Wasco State Prison. Father had a criminal history of buying or receiving a stolen vehicle in March 2021; inflicting corporal injury on a spouse or cohabitant and battery of a spouse in May and August 2021; assault with a deadly weapon in March 2022; and inflicting corporal injury on a spouse or cohabitant in May and June 2022.

At the time of her August 27, 2022 arrest, Mother arranged to have A.L. picked up by the child's maternal grandmother (the MGM). Mother had four older children, ages seven to 16, by two other fathers, and the older children were already staying with the MGM for the weekend.

On August 27 and 28, 2022, a social worker from respondent San Bernardino County Children and Family Services (CFS) spoke with Mother, the MGM, and A.L.'s paternal grandfather (the PGF). The MGM reported she knew of Mother's "past substances use" but had no knowledge of Mother's current use. The MGM said Mother and the children were "residing in a trailer somewhere in Victorville." Mother reported the children's fathers had not been involved in the children's lives; there were no family law orders for the children; Father was incarcerated; and Mother did not know the other fathers' whereabouts. The PGF said he worked full time; thus, he was unable to assist with the children, and he did not know Father's whereabouts.

CFS did not deem the MGM suitable for the children's emergency placement, as the MGM did not own a vehicle or drive, and no one was available to assist the MGM in transporting the children to and from visits, medical appointments, and school. On August 27, 2022, a detention warrant was issued, authorizing CFS to detain the children from the MGM. On August 28, the MGM would not answer her door when a social worker and a police officer attempted to serve the warrant. On August 29, the MGM texted the social worker that she would bring the children to the August 31 detention hearing.

B. Petition and Detention

On August 30, 2022, CFS filed a petition alleging juvenile court jurisdiction over A.L. pursuant to section 300, subdivisions (b) [failure to protect] and (g) [no provision for support]. As to Mother, the petition alleged Mother had a substance abuse problem that impaired her ability to protect A.L. (the b-1 allegation), and Mother left A.L. without provisions for care and support when Mother was arrested on August 27 (the b-3 and g-5 allegations). As to Father, the petition alleged Father "knew or should have known" of Mother's "substance abuse issues and failed to protect" A.L., placing A.L. "at significant risk of future abuse and neglect" (the b-2 allegation), and Father left A.L. without provisions for care and support, in that, around June 8, 2022, Father was "detained" in Wasco State Prison, and Father could not "arrange for the care and custody of [A.L.]" during his incarceration" (the b-4 and g-6 allegations).

CFS's August 31, 2022 detention report included an address and phone number for Father in Wasco State Prison, with Father's booking number. The detention report states that the social worker attempted to contact the children's three alleged fathers, including Father, "by asking relatives regarding their whereabouts." But the report does not indicate that anyone from CFS contacted or attempted to contact Father in Wasco State Prison before the August 31 detention hearing.

At the detention hearing on August 31, 2022, the parents were not present but were represented by counsel. Father's counsel requested, and the court ordered, a paternity test for Father and A.L.^[3] The court found there was a prima facie case for jurisdiction and ordered A.L. and the older children detained. The MGM was present and requested placement. The court advised the MGM that her home would be assessed for placement, but A.L. and three of Mother's older children were taken into custody at the detention hearing.^[4] The court authorized supervised visits between A.L. and Father. The jurisdiction and disposition hearing was scheduled for October 3, 2022.

C. Jurisdiction and Disposition

At the original jurisdiction and disposition hearing on October 3, 2022, Father was present. The court continued the hearing to October 27 because Father's paternity testing had not been completed due to an error in Father's last name on the court's September 7 paternity testing order. Counsel for Father pointed out that Father wanted the paternity test "to elevate his status" from an alleged Father. Father said he wanted to "waive future transport" to the hearings because being transported adversely affected his "time served."

In an interview for CFS's October 3, 2022 jurisdiction and disposition report, Mother said she and the children lived with Father in Riverside for approximately one year, before Father was incarcerated. Mother also said that Father "financially provided" for the family, and Mother received "food stamps." Prior to living with Father, Mother said she was incarcerated for two years, beginning in 2019, and during this time her older children lived with the MGM in Mexico.

In the interview, Mother denied she had a substance abuse problem. Mother said she first used methamphetamine when she was 27 years old; she last used the drug in 2020; and she had never received or refused treatment for a" 'drug problem.' "^[5] Mother also denied that the methamphetamine and paraphernalia found in her car when she was arrested belonged to her; she said her friend left the items in her car. Mother said she did not know the trailer she was towing, as a" 'favor for a friend,'" was stolen.

A.L. and three of the older children were initially placed in the same foster home.^[6]One of the older children confirmed that the family lived with Father in Riverside for around one year before Father was incarcerated. In its October 3, 2022 jurisdiction and disposition report, CFS noted it had "not made contact with" Father, who remained A.L.'s alleged father. Father did not attempt to contact CFS about visiting A.L. or for any information about A.L. CFS notified Father of the jurisdiction and disposition hearing by certified mail.

The jurisdiction and disposition hearing was continued from October 27 to November 30, 2022 because the paternity testing still had not been completed. On November 22, CFS reported that paternity test results showed Father was A.L.'s biological father. Mother tested positive for ethanol (alcohol) and amphetamines on October 12, and positive for ethanol on October 28. Mother did not appear for a drug test on November 8.

At the continued hearing on November 30, 2022, Father was not present. The court admitted CFS's detention report jurisdiction...