Pedro B. v. Super. Ct. CA2/5

INTRODUCTION

The Los Angeles County Department of Children and Family Services (DCFS) filed a Welfare and Institutions Code section 3001 petition on behalf of 13-year-old J.B. and five-year-old B.B. based on allegations that Pedro B. (father), physically abused J.B., his stepson, and had a history of acts of domestic violence with the children’s mother. The juvenile court sustained the petition and removed the children from parental custody. The mother passed away. By a petition for an extraordinary writ, father seeks to vacate the orders at a section 366.22 hearing not returning B.B. to his custody, setting a section 366.26 hearing, and terminating reunification services; and seeks to remand the case for instructions to allow for placement of B.B. in the care of father with continued family maintenance services. We deny the petition for an extraordinary writ.

BACKGROUND2

In May, 2012, there were referrals to DCFS that B.B. and J.B. were at risk of abuse and neglect, including physical abuse. The children’s mother was then hospitalized for cancer. J.B. reported that father physically assaulted the maternal grandmother who had arrived from Mexico to assist the family. Children’s…