In re V.R. CA2/8

CourtCalifornia Court of Appeal
DecidedJanuary 12, 2023
DocketB315045
StatusUnpublished

This text of In re V.R. CA2/8 (In re V.R. 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 V.R. CA2/8, (Cal. Ct. App. 2023).

Opinion

Filed 1/11/23 In re V.R. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 V.R., a Person Coming Under the B315045 Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. 21CCJP02537A) FAMILY SERVICES,

Plaintiff and Respondent,

v.

C.R.,

Defendant and Appellant.

APPEAL from the judgment and order of the Superior Court of Los Angeles County, Jean M. Nelson, Judge. Affirmed. Elizabeth Klippi, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Bryan Mercke, Associate County Counsel, for Plaintiff and Respondent. ___________________________ C.R. (Father), the noncustodial and nonoffending parent of V.R., appeals from the juvenile court’s judgment, findings, and dispositional order of August 20, 2021. Father asserts that the court’s order denying his request for physical custody of V.R. is not supported by sufficient evidence and violates his due process. Father also claims that the juvenile court abused its discretion when it denied his request for a continuance of the dispositional hearing to allow him more time for visitation with V.R. We do not address Father’s additional argument that the Los Angeles County Department of Children and Family Services (DCFS) failed to comply with the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA), and specifically, with its initial inquiry duties under section 224.2 of the Welfare and Institutions Code when it failed to question available extended family members as to whether V.R. is an Indian child.1 After taking judicial notice of the juvenile court’s minute orders dated August 19, 2022 and November 18, 2022 (see Evid. Code, § 452, subd. (d)), and ordering additional briefing from the parties pursuant to Government Code section 68081, we find the issue moot. The orders provide conclusive evidence, not disputed by the parties who did not file additional briefs, that the juvenile court has now provided all of the relief Father seeks under ICWA concerning making inquiry of extended family members. We conclude that the juvenile court’s dispositional order is supported by substantial evidence and did not violate Father’s due process rights, and the court did not abuse its discretion in denying Father’s request for a continuance. Accordingly, we affirm on all grounds.

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

2 FACTUAL AND PROCEDURAL BACKGROUND On June 1, 2021, DCFS initiated a dependency action on behalf of then five-year-old V.R. and her younger half sister after V.R. received a black eye during a domestic violence incident between Mother and Mother’s boyfriend.2 DCFS alleged that V.R. came within section 300, subdivisions (a), (b)(1), and (d) due to domestic violence between Mother and her boyfriend, Mother’s substance abuse and mental health issues, and sexual abuse involving Mother. Father was not identified as an offending parent in the petition. At the time of the petition, V.R. resided with her half sister and Mother in the home of her maternal grandfather, who brought the children to live with their maternal great-aunt (and thus away from Mother) when he saw V.R.’s black eye. DCFS and the juvenile court subsequently detained the children with their maternal great-aunt. When DCFS filed its petition in June 2021, V.R. had not lived with Father since sometime in early 2016, when he lived with Mother and V.R. for approximately three months. Father’s whereabouts were unknown at the time of the petition, so his arraignment was set for July 16, 2021. DCFS located Father on July 14, 2021. At his arraignment, Father requested an assessment by DCFS for unmonitored visits and release of V.R. to his custody. DCFS conducted the assessment, during which it interviewed Father, V.R., V.R.’s therapist, and V.R.’s maternal aunt. When DCFS interviewed Father in July 2021, Father reported that the last time he had seen V.R. was three months

2 This appeal only concerns V.R. and not her half sister.

3 earlier. Father confirmed Mother’s report that he had lived with V.R. for several months from her birth in September 2015 until 2016. He also reported that he spent “weekends, birthdays, holidays, etc.” with V.R. Father stated that he had been absent from V.R.’s life because he had been incarcerated for 18 months. DCFS also interviewed V.R., who stated that she would be “comfortable” visiting Father in his home if no one else was there. When asked about living with Father, she said it would “make me feel scared. I don’t want to live with him right now. I don’t know him, and [half sister] can’t come with me.” V.R.’s therapist stated as to V.R.’s possible placement with Father: “She will be new to that family, and she will be without her sister. Despite everything they have been through with their mother, the girls have always been together. Separating them will have an impact on both of them[.] [T]hey’ve never been separated before. I do see a detriment to releasing, prior to her having visits with the father. We need to allow her time to transition from the home that she knows, to a new home. It will be very difficult on her . . . .” The therapist also stated concern over Father’s lack of contact with V.R., noting he had “never played a role in the child’s upbringing. Since his release from incarceration in 1/2021, he has had one in-person contact with [V.R.], and no telephonic/virtual contact . . . . Consistent visitation is recommended[] to allow the father and the child time to bond, to build a relationship, and to facilitate a stable transition to the father’s care.” V.R.’s maternal aunt told DCFS that she had not seen V.R. in a year and a half, but she would be willing to serve as a permanent placement for both V.R. and her half sister.

4 In DCFS’s assessment for the court, it stated that it was concerned about the impact of V.R.’s separation from her half sister, noting that V.R. had sustained trauma while in the care of Mother, was now suffering the additional trauma of being separated from her Mother, and that separation from her half sister would add to her existing trauma. DCFS also reported that “all parties” said Father had never played a role in V.R.’s upbringing. DCFS did a home study and found Father’s home “safe” and “appropriate.” Father lived in maternal grandmother’s home, where her boyfriend and paternal uncle also lived. On July 30, 2021, the juvenile court continued the adjudication and dispositional hearing scheduled for that day on the request of Mother’s counsel to allow for possible settlement, and on the request of V.R.’s counsel to allow for time to receive the results of Father’s Child Abuse Central Index (CACI) report. Father’s counsel did not object to the continuance, and requested overnight and unmonitored visitation. DCFS’s counsel objected to unmonitored visitation and V.R.’s counsel objected to overnight visitation. The juvenile court denied Father’s requests, stating that more “transition” time between V.R. and Father was necessary, and ordered DCFS to continue to assess Father for unmonitored visitation. The court also ordered DCFS to provide Father with a written visitation schedule and to provide the court with an updated assessment regarding placement with Father before the next hearing.

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Cite This Page — Counsel Stack

Bluebook (online)
In re V.R. CA2/8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vr-ca28-calctapp-2023.