In re A.C. CA2/2

CourtCalifornia Court of Appeal
DecidedNovember 24, 2025
DocketB345237
StatusUnpublished

This text of In re A.C. CA2/2 (In re A.C. CA2/2) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re A.C. CA2/2, (Cal. Ct. App. 2025).

Opinion

Filed 11/24/25 In re A.C. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

In re A.C. et al., Persons Coming B345237 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 24CCJP03937A-B)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

R.C.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Syna N. Dennis, Judge Pro Tempore. Affirmed. Keilana Truong, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Peter Ferrera, Principal Deputy County Counsel, for Plaintiff and Respondent.

__________________________________________

In this juvenile dependency appeal, R.C. (father) challenges dispositional orders made by the juvenile court. In particular, father, a nonoffending parent, argues substantial evidence does not support the court’s order denying his request to place his son and daughter in his care. Father also argues the juvenile court abused its discretion when it ordered monitored visits with his children and required him to enroll in a parenting class. We find no error and affirm. BACKGROUND 1. The Family Father and A.F. (mother) have four children together. Only two of their children—A.C. (son) and G.F. (daughter)—are involved in this appeal. When the underlying proceedings began, son was 14 years old and daughter was almost 12. They both lived with mother, who had sole legal and physical custody of them. Mother and father’s older children, S.F. (sister) and R.C., are adults. Mother and father do not live together and are no longer in a relationship. Father has two younger children from a different relationship. Father has a significant criminal history, including arrests for domestic violence against mother and being under the influence of a controlled substance. He spent eight years in

2 prison for shooting a gun in the air. He was released in 2018. Mother has a long history of substance abuse. The family has two previous dependency cases, involving similar allegations as those at issue here (e.g., neglect, substance abuse, failure to provide). The most recent dependency case ended in 2016 with a final custody order granting mother sole physical and sole legal custody of the four children and monitored visitation for father. 2. Events Preceding Petition In December 2024, the children were detained from mother after law enforcement found drugs, drug paraphernalia, weapons and ammunition at mother’s home, all of which were accessible to the children. The Los Angeles County Department of Children and Family Services (Department) opened an investigation. At the time, father reported he had not had contact with the children for two years. He explained mother no longer allowed him to visit the children after he fathered a child with another woman. Once father learned the children had been detained, he met with a Department social worker, a maternal great aunt, and the children. He said he was “able and willing to have custody of the children,” and the children asked to be released to father. Father tested negative for substances. The Department reported no problems or concerns with father’s home. Nonetheless, because father had been unable to reunify with the children after the last dependency case, did not have custody of the children, and could not demonstrate he had rectified the reasons for losing custody of the children, the Department could not recommend placement with father. The children were placed with A.S., their maternal great aunt (maternal great aunt).

3 Sister, who was 20 years old at the time, lived with father in a two-bedroom home on a property with three other homes all occupied by paternal relatives. Sister reported she did not have a positive relationship with mother and enjoyed living with father and paternal relatives, where she found needed structure and support. Over the past couple of years, sister had rebuilt her relationship with father and believed he had improved as a parent. When sister first moved in with father, she told him he had not been involved with the children’s lives. Nonetheless, she believed he could care for them. Similarly, neither paternal grandfather nor a paternal aunt had concerns about father’s ability to care for the children. The paternal aunt indicated father had strong family support because paternal relatives were “very united.” 3. Petition In December 2024, the Department filed a two-count Welfare and Institutions Code section 300 petition on behalf of son and daughter.1 The two counts of the petition were identical and brought under subdivisions (b) and (j) of section 300. They alleged mother put the children at risk of harm by creating a detrimental and dangerous home environment, which included visible and accessible drugs, drug paraphernalia, weapons and ammunition, as well as by allowing maternal relatives with known histories of substance abuse to live in the home with the children. Father was nonoffending. At the initial hearing on the petition held the following day, the children indicated they wanted to return to mother’s care. If that was not possible, they wanted to stay with maternal great

1 Undesignated statutory references are to the Welfare and Institutions Code.

4 aunt or, in the alternative, to be placed with a paternal aunt who lived on the same property as father, but not with father. The children did not want to be separated. Father asked that the children be released to him. He was willing to cooperate with the Department and had family support at home. The juvenile court indicated it was prepared to release the children to father, but because at the time father’s parental status as to daughter was only as her biological father, the court could not release daughter to father. Therefore, the court stated it would release the children to the paternal aunt mentioned by the children, which would allow father to visit the children frequently and conveniently. However, after an off the record discussion, the court concluded it would detain the children from both mother and father, continue the children’s placement with maternal great aunt, order unmonitored visitation for father, and continue the hearing for further consideration of the children’s placement. The court stated, “I do believe that the father is entitled to custody of his children.” Although the children preferred not to be placed with father, the court explained it was required to release the children to their parents “unless there is a safety risk.” If at the continued hearing the court determined father was daughter’s presumed father, the court intended to release the children to father’s care. At the continued hearing held two days later, the juvenile court found father was daughter’s presumed father. The court based its decision on family law documents provided by the parties. Nonetheless, and despite its intentions stated at the hearing held days earlier, the court continued the detention of the children from both mother and father. The court explained that although the family law documents assisted in its parentage

5 finding, those documents “only raise[d] more questions” as to the custody issue. The documents showed father was entitled to monitored visits only, one day a week.

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Bluebook (online)
In re A.C. CA2/2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ac-ca22-calctapp-2025.