In re Dominic F. CA2/8

CourtCalifornia Court of Appeal
DecidedAugust 16, 2022
DocketB314083
StatusUnpublished

This text of In re Dominic F. CA2/8 (In re Dominic F. CA2/8) 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 Dominic F. CA2/8, (Cal. Ct. App. 2022).

Opinion

Filed 8/16/22 In re Dominic F. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re Dominic F. et al., Persons B314083 Coming Under the Juvenile Court Law. (Los Angeles County ______________________________ Super. Ct. No. 19LJJP00406A–C) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. M.B., Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, D. Brett Bianco, Judge. Affirmed.

Cristina Gabrielidis, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and David Michael Miller, Deputy County Counsel, for Plaintiff and Respondent. _________________________ INTRODUCTION Appellant M.B. (Mother) challenges the court’s juvenile custody order, arguing the juvenile court abused its discretion when it ordered monitored visitation for Mother. We disagree. We find the juvenile court did not abuse its discretion in ordering monitored visitation. We affirm. FACTUAL AND PROCEDURAL BACKGROUND This is Mother’s second appeal in this matter. The sole issue raised by her in the first appeal was whether the juvenile court complied with the formal notice requirements of the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) and related California law (Welf. & Inst. Code,1 § 224 et seq.). We affirmed the juvenile court’s finding that ICWA did not apply. (See In re D.F. (2020) 55 Cal.App.5th 558.) A. Referrals, Investigation, Removal On March 8, 2019, the Los Angeles Department of Children and Family Services (DCFS) received a referral alleging Dominic F. (born in 2003), G.F. (born in 2006), and B.F. (born in 2011) witnessed domestic violence between Mother and Father in the home. A children’s social worker (CSW) met with Mother, who was at the Antelope Valley Courthouse trying to get a restraining order against Father. Mother reported Father uses marijuana and drives the children around while he is under the influence. She also described multiple instances of mental and physical abuse by Father. She showed the CSW a video recording of her

1 Further undesignated statutory references are to the Welfare and Institutions Code.

2 home’s interior, with items thrown around and broken by Father. Mother reported she was placed on a 5150 hold a few weeks ago; per Mother, she “was sad but did not want to kill [any]one.” She was given three prescriptions of psychotropic medications. She said her friend placed her on a 5150 hold because she is “against the mother.” She said her son Dominic also “turned against her.” Mother told the CSW she feels “everyone is against her and has sided with the father.” Mother sent numerous text messages to the CSW, suggesting that the CSW and DCFS were “plotting against” her to make her “look bad.” Fifteen-year-old Dominic reported that Mother broke down two weeks ago and made threats which he and Father heard. He reported Mother was angry at Father “but redirected her anger” towards Dominic. He heard Mother say she was going “to kill” someone; he never heard her say things like that before. Twelve-year-old G.F. reported his parents “fight over ‘stupid stuff most of the time every day.’ ” He reported that “dad does drugs because his mother says it all the time.” G.F. feels “scared” when they yell and has seen Father push Mother. Seven-year-old B.F. also reported having seen Father push Mother to the ground. She said that her parents “fight a lot.” B.F.’s teacher informed the CSW she is concerned for B.F.’s safety in the parents’ home because B.F. told the teacher that Mother fell down while Mother and Father were fighting. B.F.’s teacher reported Mother harassed her with emails that were “nonsensical and bizarre,” including messages of abuse by Father and a video where Mother said she had a black eye and Father had “defecated in the toilet on the mother’s toothbrushes.” The CSW reviewed Los Angeles County Sheriff’s incident report from December 2018, indicating Mother suffered domestic

3 violence from Father. Mother had a bruise under her eye and a black eye during an incident where all three children were present. Mother denied Father caused the physical abuse. An incident report from February 2019 noted Dominic said Mother was mentally ill and made suicidal statements. He was upset and informed law enforcement Mother said she was “going to shoot him.” Mother had bought a gun and ammunition two weeks prior to this incident. Mother admitted to the deputy she had made suicidal statements. She was taken to Kaiser and placed on a 5150 hold for being a danger to herself and others. Mother’s gun and ammunition were taken by law enforcement. On April 8, 2019, DCFS received another referral alleging domestic violence where Mother and Father “got into a verbal agreement in the hallway,” resulting in Father pushing Mother in the children’s presence. Mother had an “abrasion to her chin and a bruise to her right forearm.” Per the reporting party, Mother and Father have a long history of domestic violence. From April 8 to 16, 2019, DCFS “made several attempts to assess and interview” the children but Mother removed the children from school and had not allowed them to attend school since March 19, 2019. Mother denied the CSW access to the children. On May 26, 2019, a new referral was generated by allegations of general neglect by Mother and emotional abuse by Father as to all three children. The referral alleged there was domestic violence between Mother and Father in the presence of the children. Father put a plastic clothes bin over Mother and forced her to the ground, causing her to sustain scratches and bruising. Law enforcement was called. Mother refused a protective order and did not wish to prosecute because “if father went to jail, she and the children will not be able to eat.”

4 On June 4, 2019, the CSW spoke with G.F.’s teacher, who reported G.F. appeared “happier and more structured” at the beginning of the year when he was with Father. The teacher had not received any schoolwork from G.F. since Mother pulled him out of school. Other students informed the teacher G.F. complained he was not getting enough food from Mother, Mother uses drugs, and Father beat up Mother. On June 6, 2019, the CSW spoke with Father, who denied any physical altercations with Mother. He stated he wants to “give his children a better life.” Father denied current substance abuse but also denied participating in an on-demand drug test. Father did not disclose the last time he used marijuana. Later that same day, the CSW received multiple text messages from Mother, bizarrely saying Mother knew the CSW from a party in Altadena 14 years ago, the CSW is on Father’s side, the CSW “has had sexual relations” with Father, and Mother will continue “to pursue and sue” the CSW. On June 7, 2019, the juvenile court authorized DCFS to remove the children from the custody of their parents. B. Petition and Detention On June 17, 2019, DCFS filed a petition on behalf of Dominic F., G.F., and B.F., pursuant to section 300, subdivisions (a) and (b)(1). The petition alleged Mother has mental and emotional problem including “paranoia, anxiety, and erratic behavior with homicidal and suicidal ideation,” rendering her incapable of providing the children with regular care and supervision.

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Bluebook (online)
In re Dominic F. CA2/8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dominic-f-ca28-calctapp-2022.