Anthony J. v. Superior Court

Good Law
132 Cal. App. 4th 419·2005 Cal. App. LEXIS 1378·2005 Daily Journal DAR 10779·33 Cal. Rptr. 3d 677·2005 Cal. Daily Op. Serv. 7915
Court of Appeal of CaliforniaAugust 31, 2005B183285California2,883 words

Opinion

Opinion

Mallano, J.

Anthony J. (Father), the father of T.L. (born in Mar. 2005), challenges a May 17, 2005 order denying him reunification services under Welfare and Institutions Code section 361.5, subdivision (b)(6), based on his abuse of T.L.’s half siblings, N.L. and R.L. Father maintains that section 361.5, subdivision (b)(6) does not apply to him because he is neither the parent nor the guardian of the siblings. We conclude that the term “parent” in section 361.5, subdivision (b)(6) refers to Father’s status with respect to his son T.L., and not to Father’s status with respect to T.L.’s siblings, who are not Father’s children. Because the juvenile court properly applied the statute to Father, we deny his petition.

BACKGROUND

Father and T.L.’s mother (Mother) were living together in September 2004 when both were incarcerated on criminal charges of child cruelty involving Mother’s two older children, N.L. (bom in Nov. 1995) and R.L. (bom in Feb. 2000). Our record does not identify the father of N.L. or of R.L. In July 2004, the Los Angeles County Department of Children and Family Services (DCFS) detained N.L. and R.L. from Mother and placed them in foster care after N.L. told a social…

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