In re X.M. CA4/2

I. INTRODUCTION

In this juvenile dependency case, defendant and appellant, F.M. (Father), appeals

from orders denying his request to change court order pursuant to Welfare and

Institutions Code section 3881 (section 388 petition) and terminating his parental rights

with respect to his son, X.M. We affirm the court’s orders.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Detention, Jurisdiction, and Disposition (March 2012 – May 2012)

Between 2005 and 2011, Father had five convictions for driving under the

influence (DUI) and a parole violation that resulted in him being incarcerated “off and

on” for three years.2 By the time he was released from prison in July 2011, X.M. was

five years old. About one month later, Father was arrested for DUI a sixth time, and

incarcerated until February 24, 2012. Following his release, he remained under “house

arrest” for eight months and lived with a friend in San Bernardino.

On March 9, 2012, C.C. (Mother) sought and obtained a temporary restraining

order (TRO) against Father based on three incidents of alleged domestic abuse. In one

1All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.

2…