L. A. Cnty. Dep't of Children & Family Servs. v. Sergio D. (In re Destiny D.)

Good Law
15 Cal. App. 5th 197·222 Cal. Rptr. 3d 673
Court of Appeal of CaliforniaSeptember 11, 2017B279742California6,066 words

Opinion

lead Opinion

Perluss, J.

*200 The juvenile court sustained allegations that Sergio D., the presumed father of 15-year-old Destiny D., had a history of alcohol abuse and was a current abuser of alcohol and Claudia A., Destiny's mother, had failed to protect the child from Sergio. The court declared Destiny a dependent child of the court, released her to Claudia's custody, limited Sergio to monitored visitation with Destiny and terminated its jurisdiction. Without challenging the court's findings at jurisdiction or disposition, Sergio contends the court acted in excess of its authority when it terminated dependency jurisdiction with a juvenile custody order at the conclusion of the combined jurisdiction/disposition hearing rather than setting a future review hearing. We affirm.

*201 FACTUAL AND PROCEDURAL BACKGROUND

1. The Superior Court's Predependency Restraining Order and Custody and Visitation Orders

Sergio and Claudia have a long history of engaging in domestic violence in Destiny's presence. During one incident in August 2016 Sergio held a knife to Claudia's throat. Destiny intervened to protect her *676 mother; Sergio shoved Destiny, injuring her.

On August 18, 2016 Claudia petitioned the…

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