In re B.E. CA3

FACTS AND PROCEEDINGS

Given our disposition of this appeal, we need not detail the entire history of these dependency proceedings. A summary of those proceedings will suffice.

Mother died in 2004, when the minor was six years old, after losing her struggle with prescription pain medication addiction. The minor has remained in father’s custody since that time. Shortly after mother’s death, a paternal uncle died and father lost his job. As a result of these losses father became depressed and started using marijuana. In September 2007, father was arrested for having sexual relations with a 15-year- old-girl. He was convicted in 2008, placed on five years’ probation, and ordered to register as a sex offender pursuant to Penal Code section 290. In April 2009, defendant admitted he had violated probation by failing to register. He was reinstated on probation and received no additional jail time. The juvenile court took judicial notice of documents related to defendant’s criminal conviction and violation of probation. In September 2012, as the result of a report to social services, probation officers conducted a probation search of father’s home. The officers noticed a strong smell of…