D.O. v. Superior Court CA4/2

California Court of Appeal·Decided October 16, 2025·No. E086388·Unpublished

Opinion

Filed 10/15/25 D.O. v. Superior Court CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

D.O. et al., Petitioners, E086388

v. (Super.Ct.Nos. J293829, J293830, J293831 & J293832)

THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, OPINION

Respondent;

SAN BERNARDINO COUNTY CHILDREN & FAMILY SERVICES,

Real Party in Interest.

ORIGINAL PROCEEDINGS; petitions for extraordinary writs. Annemarie G.

Pace, Judge. Petitions denied.

Vincent W. Davis for Petitioner D.O.

Valerie Ross for Petitioner R.H.

No appearance for Respondent.

Tom Bunton, County Counsel, and Helena C. Rho, Deputy County Counsel, for Real Party in Interest D.O. (father, to distinguish from the child with the same initials) and R.H.

(mother) each filed a petition for an extraordinary writ after the juvenile court terminated family reunification services and set a Welfare and Institutions Code section 366.26 hearing.1 Father contests the placement of the minors, the jurisdictional findings against him, that he was provided reasonable reunification services, and that the caregiver received de facto parent status. Mother disputes the court’s finding that returning the children to her would be detrimental to them. We deny the petitions.

BACKGROUND

A. Initial Proceedings Mother and father share four male children who are the subjects of the dependency proceedings underlying these writ petitions: D.O. (born 2015), G.O. (born 2017), S.O. (born 2018) and T.O. (born 2019).

In June 2022 the children’s younger half sister was hospitalized for severe malnutrition. All the children were living with mother at the time. In July, San Bernardino County Children & Family Services (the department) removed the four boys from mother’s care and placed them with father. That same month the department filed a petition under section 300, subdivision (j), as to each of the four boys, alleging abuse of their sibling. In its jurisdictional/dispositional report the department recommended the

1 Unlabeled statutory citations refer to the Welfare and Institutions Code.

petition be sustained, the children remain with father, that father receive family maintenance services, and that mother receive family reunification services. Father lived with his now wife (stepmother) and the children’s older stepsiblings.

At the jurisdiction/disposition hearing in October 2022, the juvenile court followed the department’s recommendations.

In a status review report filed in March 2023, before the six-month review hearing, the department recommended the children be jointly maintained between the parents, and the dependency continued. However, there was some friction between father and mother, as well as between father and the department. Father expressed frustration that mother was allowed unsupervised visits, and that “he does all the work for the children; the mother has no responsibilities.” He also drove by mother’s home while the children were at her home for overnight visits, and the department received a number of anonymous calls concerning both this behavior and father allegedly approaching neighbors to ask them to “spy” on mother. Father was also late for dropoffs and often tried to argue with mother, though mother remained silent.

The children expressed some concerns about their placement with father. They disliked sharing a room with their stepsiblings, and reported that “some of their big brothers are mean to them, [and] hit them.” They told their stepmother, but not father, because he “has lots of jobs [and] is always at work or . . . is gone some where far with” their stepmother.

At the six-month status review hearing in April 2023 the court ordered the parents share parenting time and ordered family maintenance services for both.

In August 2024, mother sought a restraining order against father. She alleged father was harassing and stalking her. She alleged he drove around her neighborhood during her visits, talked to her neighbors, tried to harass her during exchanges, and followed her after exchanges. The inciting incident for seeking the restraining order was finding an Apple AirTag in one of her son’s shoes, which she believed father placed there to track the child. Mother also alleged exchanges were not peaceful despite happening at a police station, and that father frequently brought stepmother, who would also harass mother. Mother further alleged that much of this harassment occurs while the children are present. The court denied the request for a temporary restraining order on the basis that nobody’s physical safety was under immediate threat, but set the request for a restraining order for hearing. At the hearing the court denied the request for a restraining order, but ordered the parents and stepmother not to discuss the case with the children or disparage each other, nor use any tracking devices.

In October 2023 the department filed a status review report in which it recommended the matter be continued. The parents had participated in coparenting couple’s therapy, but had difficulty behaving amicably. For instance, the department reported sometimes children would be left without “proper clothing or shoes” after leaving a parent’s house, because the parent was “being petty,” and that when one of the children was sick, the parents would refuse to share the necessary medication. The

children also reported that they did not like it when the parents said “yucky” things about each other.

The court held a review hearing that same month, where it ordered continuing family maintenance services and additional individual counseling. It also reiterated its prior orders forbidding disparaging remarks about the other parents and told the parents “I want to warn you both: This isn’t family law court. The difference is I can remove these kids from both of you, and I will if I have to . . . . [¶] So you need to work together.”

B. Subsequent and Supplemental Dependency Petitions A social worker observed the children on January 7, 2024. The social worker noted that S.O. had a swollen cheek and jaw, but that he was not bruised. S.O. did not report anything about mother hitting him.

Two days later the department received a referral alleging mother physically abused S.O. because he had a swollen cheek and jaw when father took over custody of him. Mother said she was aware of the issue, had already taken S.O. to urgent care, and that urgent care said it was a tooth abscess. However, S.O. told the reporting party that he got in trouble for stealing candy, and that mother took him into the garage, punched him in the face, and locked him in for an indeterminate period of time. The other children reported they saw mother take S.O. into the garage but did not see her hit him. Father alleged that mother provided him with a doctor’s note and told him to follow up with a dentist, but when he did the dentist did not discover any signs of a tooth infection.

He said he then took S.O. to the emergency room, where they reported he did not have any fractures but did have “soft tissue damage” consistent with being hit in the face. Father did not have any medical records of this visit at the time, but had pictures of S.O.’s cheek and jaw. Father refused to turn the children back over to mother.

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