Opinion
B323835
11-01-2023
In re D.G. et al., Persons Coming Under the Juvenile Court Law. v. J.G., Defendant and Appellant. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent,
Megan Turkat-Schrin, under Appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, Sally Son, Deputy County Counsel, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from the Superior Court of the County No. 21LJJP00237A-B of Los Angeles, Stephanie M. Davis, Judge Pro Tempore. Affirmed.
Megan Turkat-Schrin, under Appointment by the Court of Appeal, for Defendant and Appellant.
Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, Sally Son, Deputy County Counsel, for Plaintiff and Respondent.
KIM, J.
I. INTRODUCTION
Father J.G. (father) challenges on appeal jurisdictional findings that his sons D.G. (born in 2006) and A.G. (born in 2008) (collectively, the children), are dependents of the juvenile court pursuant to Welfare and Institutions Code section 300. Father contends there was insufficient evidence to support the jurisdictional findings. We affirm.
All further statutory references are to the Welfare and Institutions Code.
II. BACKGROUND
A. Father's Children
Father and his former wife, J.O. (mother), are the children's parents. They divorced in 2016. Father had "seventy percent physical custody over [the children] and [mother] ha[d] visitation[ ] three weekends out of the month." Due to space limitations in father's home, the children "predominantly stay[ed] with [their] paternal grandmother."
Following his separation from mother, father began a relationship with L.C., and in 2018, they had a daughter, E.G. At the time, L.C. had three daughters from a prior relationship: Ja.F., age 12; Y.F., age 10; and Ju.F., age 8. In March 2020, L.C. "was able to get physical custody" of her three older daughters and began living with father. In October 2020, however, father "kick[ed L.C.] out of [his] house," although she continued to "engag[e] with him in efforts to keep the family together."
Neither L.C. nor mother is a party to this appeal.
B. Referral
On March 30, 2021, the Department received a referral alleging that father had sexually abused Ja.F., Y.F., and Ju.F. On April 2, 2021, a social worker interviewed L.C. and her three oldest daughters, each of whom confirmed the allegations of sexual abuse.
That same day, the social worker interviewed father who advised that D.G. and A.G. lived with the paternal grandparents in Lancaster and he lived alone. His home had "trash and beer bottles everywhere." He denied the sexual abuse allegations by L.C. and her daughters and further denied that he had a problem with alcohol. He admitted, however, that he would "have [one to two] beers at a time," claiming that the multiple empty beer bottles in the home had accumulated over time. He also admitted that he occasionally smoked marijuana. Father agreed to complete an on-demand drug test that day, but then failed to appear for the scheduled test; the social worker rescheduled the test for April 7, 2021, and father tested negative that day for drugs and alcohol.
On April 8, 2021, the social worker interviewed D.G. and A.G., each of whom denied sexual abuse or other mistreatment by father. D.G. said that he had been living with the paternal grandparents for several years following his parents' divorce in 2016. He acknowledged that he had witnessed domestic violence between father and mother in the past and that "'it happened all the time.'"
On April 20, 2021, a social worker interviewed L.C. who reported that, in addition to her concerns about father's sexual abuse of her daughters, she was "concerned with . . . father's drinking as well." That same day, the social worker interviewed mother, who confirmed that father "did have a tendency to drink a lot." She explained that she "experienced domestic violence with [father] in the past" and that "it stemmed from his drinking." She conceded, however, that she did not have ongoing communications with father and did "not know if [he] ever addressed his drinking."
C. Jurisdiction and Disposition
On April 29, 2021, the Department filed a section 300 petition on behalf of D.G. and A.G., alleging that father's domestic abuse of L.C., sexual abuse of Y.F., Ja.F., and Ju.F., and, in counts b-5 and j-1, alcohol and marijuana abuse, placed the children at substantial risk of harm. The petition also included counts alleging that father's conduct in driving E.G. while consuming alcohol endangered D.G. and A.G. and placed them at risk of harm.
In a May 28, 2021, jurisdiction report, the Department provided the following facts: In a May 25, 2021, telephone interview with the social worker, mother stated, "'I know [father] has a past history of smoking marijuana and drinking alcohol. After our separation, I don't know if he currently uses marijuana or drinks. Even when we were together, I was not sure if he was abusing the drinking because he was hardly home.'"
In a phone interview conducted that same day, L.C. told the social worker, "'Yes, I witnessed [father] smoke marijuana and drink daily. For the past year, the smoking and drinking got worse. He relapses on and off. He would drink [two to three] beer cans before work and he would also drink before bed. I'm sure he would also drink at work. He would smoke marijuana every day; he would also smoke at work. He kept a wax pen in the car or at work. One time I found the wax pen inside the house and I told him I did not want that inside the house. Regarding the alcohol, I couldn't tell him to stop because he would get aggressive. I moved out of his house in October 2020. [Mother] knew about his marijuana and drinking problem because he was also doing the same when they were together. There was a day when [mother and father] met up to talk about [the children] and when [father] returned home, he smelled like marijuana; so that tells me that [father] was smoking inside her car.'"
On the allegation that father consumed alcohol while driving with E.G. in the car, L.C. explained, "'[Father] would take [E.G.] on the weekends after our relationship ended in October 2020. There were times [when] he arrived to pick her up smelling like alcohol and I would stop him from taking [E.G.] and [one time] he broke my [car's] side[-view] mirror because I refused to let [E.G.] go with him. I would not know if he was driving and drinking with [E.G. in the car] because he would take her on the weekends and I would not know what he would do.'"
The social worker also conducted interviews with D.G. and A.G. that same day. D.G. related that, about two months earlier, he went to father's house, smelled alcohol on him, and saw beer bottles. But he had not smelled alcohol on father recently and father never drove while drinking alcohol or smelled like alcohol when he drove. A.G. said that in 2017 and 2018, father "'used to drink a lot, but he stopped now.'" A.G. could tell when father had been "'drinking a lot because he would not act normal and [mother] would argue with him about it.'" According to A.G., he had never seen father "'drink and drive.'"
On May 26, 2021, the social worker conducted an interview with paternal grandmother who stated that she did not know if father had a problem with alcohol or marijuana. But she confirmed that he did not smell like alcohol or marijuana when he came to her home to visit D.G. and A.G.
On May 27, 2021, the social worker conducted an interview with father who provided the following statement: "'I started drinking alcohol when I was about 19 or 20 years old[.] I began smoking marijuana when I was about 24 or 25....I stopped drinking alcohol when [E.G.] was born and I was sober for about [two and a half] years. However, when [L.C.] took [E.G.] to San Francisco, [she] was under a year, I began to drink again. I would drink after work or Saturday and Sunday about a [six] pack or a 12 pack of beer to relax and forget about not having [E.G.] I stopped drinking and then before DCFS, I would drink after work, but not around the kids. Yes, I do see a pattern of drinking, but [L.C.'s] behavior makes me jump back to the situation, by taking away [E.G.] My boys barely came to my house because there's not enough room and when they would come over I did not spend [the time] drinking. I stopped smoking marijuana earlier this year because of all the going back-and-forth to court. I would use a vape pen.'" Father denied having consumed alcohol while driving with E.G. in his car.
The social worker reported that of the three drug tests scheduled for father in April and May 2021, he was a no show on April 2; tested negative on April 7; and could not provide a urine sample on May 27.
In a July 9, 2021, supplemental report, a social worker advised that during a July 6 telephonic interview, Ju.F. stated, "'[Father] starts . . . fights with my mom [L.C.] and makes her cry. He drinks beer a lot and starts arguing with my mom.'" She also described an incident during which father consumed alcohol while driving her family: "'When we were driving, my mom [L.C.] saw [father] with a big bottle of beer; my mom said to stop drinking, but he didn't. We were close to the house when this happened.'"
In her July 6, 2021, phone interview, Y.F. stated, "'[Father] gets drunk, drinks beer, and it gets really bad. He fights with my mom [L.C.] ....'" But she denied having any knowledge of father drinking and driving.
In her July 6 phone interview, Ja.F. also described multiple fights between L.C. and father, but she denied having any knowledge of father drinking and driving.
In her July 6 phone interview, L.C. admitted that she and father "'used to fight a lot,'" both before and after E.G. was born. According to L.C., in October 2020, father showed up to her church drunk, demanding to see E.G. When she refused to allow him to take E.G., he began screaming at her and then returned home and threw all her belongings in the street. Mother called the police to the home, but the responding officer refused to enter because father was drunk. On March 25, 2021, father came to L.C.'s home at 9:00 p.m. to take E.G. to a movie. He was "'drunk, really drunk; he was unable to stand straight or talk.'" When L.C. refused to allow him to take E.G., he became "'extremely upset'" and "'punched [her] car mirror.'" L.C. also related another incident during which father was drinking at home and she asked him to take her and the four children to the DMV. Father drove them, but it was the only time he drove the family while under the influence.
In a July 20, 2021, last minute information, a social worker reported that father had negative drug tests on July 1, 9, and 16.
On July 20, 2021, the juvenile court held a bifurcated adjudication hearing on counts b-5 and j-1-counts alleging father's alcohol and drug abuse and his conduct of driving while he consumed alcohol with E.G. in the car-and found those allegations true.
On September 20, 2021, the juvenile court held an adjudication hearing on the remaining counts in the petition. The court dismissed the count against father alleging that D.G. and A.G were at risk of physical harm due to his domestic abuse of L.C., as well as the counts against him alleging that they were at risk of harm from father's sexual abuse of Y.F., Ja.F., and Ju.F. But the court found true the remaining counts against father alleging that he failed to protect D.G. and A.G. from his verbal and physical abuse of L.C. and that his conduct of driving with E.G. while he consumed alcohol endangered his sons.
III. DISCUSSION
We review the juvenile court's jurisdictional findings for substantial evidence. (In re R.T. (2017) 3 Cal.5th 622, 633.) We draw all reasonable inferences in favor of the findings and orders of the juvenile court, and do not reweigh the evidence or reassess credibility. (Ibid.)
"Section 300, subdivision (b)(1), allows a child to be adjudged a dependent of the juvenile court when '[t]he child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child, or the willful or negligent failure of the child's parent or guardian to adequately supervise or protect the child from the conduct of a custodian with whom the child has been left.' A jurisdiction finding under section 300, subdivision (b)(1), requires the Department to prove three elements: (1) the parent's or guardian's neglectful conduct or failure or inability to protect the child; (2) causation; and (3) serious physical harm or illness or a substantial risk of serious physical harm or illness." (In re Cole L. (2021) 70 Cal.App.5th 591, 601.)
"'When a dependency petition alleges multiple grounds for its assertion that a minor comes within the dependency court's jurisdiction, a reviewing court can affirm the juvenile court's finding of jurisdiction over the minor if any one of the statutory bases for jurisdiction that are enumerated in the petition is supported by substantial evidence. In such a case, the reviewing court need not consider whether any or all of the other alleged statutory grounds for jurisdiction are supported by the evidence.'" (In re I.J. (2013) 56 Cal.4th 766, 773.)
We focus our inquiry on whether sufficient evidence supported counts b-5 and j-1, that father's current abuse of alcohol placed the children at substantial risk of harm. According to father, there was no substantial evidence that he was abusing alcohol or that his alcohol use created a current risk to D.G. and A.G. We disagree.
It was undisputed that father had a long history of serious alcohol abuse. Mother testified that during their relationship, father drank heavily and engaged in domestic violence with her in the presence of the children. And, D.G. and A.G. both confirmed that they saw father drinking and fighting with mother constantly during their marriage.
L.C., whose experiences with father's drinking were more recent than mother's, stated that father drank daily and that he relapsed "'on and off.'" She also explained that, in the past year, father's drinking had become worse. She described father drinking before, during, and after work and at least two incidents during which father's drinking sparked arguments with her that culminated in her clothing being thrown into the street and her car being damaged. According to L.C, she could not discuss father's alcohol problem with him because he would become aggressive. Her daughters Ju.F. and Y.F. corroborated that father drank beer and fought with mother often. Ju.F. also described an incident during which father drank from "'a big bottle of beer'" while driving the family.
Moreover, father admitted that he drank heavily during his relationship with L.C., consuming as much as a 12 pack of beer after work and on weekends. He also conceded that L.C.'s conduct in shielding E.G. from him caused him to resume drinking after he had tried to quit.
The corroborated evidence of father's past alcohol abuse supported a reasonable inference that he had a long-standing and serious problem with alcohol that he failed to address and which adversely impacted the children. He nevertheless maintains that there was no evidence that he was abusing alcohol at the time of the July 2021 jurisdiction hearing and therefore nothing to suggest that D.G. and A.G. were at current risk of harm due to his past issues with alcohol. But that assertion ignores the evidence that his alcohol abuse was an ongoing problem that he took no affirmative steps to remedy. D.G. testified that only two months prior to his April 2021 interview with the Department, he visited father's home, smelled alcohol on him, and saw empty beer bottles. In addition, L.C. said there were times, after their separation, when father would arrive to pick up E.G. smelling like alcohol and she described a specific March 25, 2021, incident-well after her October 2020 separation from father and only a month before the children were removed from him-during which he came to pick up E.G. so drunk that he could not "'stand straight or talk.'" Finally, during the social worker's April 2021 visit to father's home, she noticed empty beer bottles everywhere. That evidence supported an inference that father's drinking problem continued unabated from and after his separation from L.C. and had not been adequately addressed at the time of the jurisdiction hearing.
Father points to his negative drug tests just prior to the July 2021 hearing and argues they corroborate that he was not currently abusing alcohol. But he fails to acknowledge that he only had three scheduled tests during April and May 2021, one of which he missed (April 2) and another at which he could not give an adequate sample (May 27). Thus, evidence that he tested negative three times in the three weeks before the July 20, 2021, hearing was insufficient, without more, to demonstrate that the juvenile court erred when it found that father's years-long and unaddressed problem with alcohol persisted through and including the time of the jurisdiction hearing.
IV. DISPOSITION
The jurisdictional orders are affirmed.
We concur: RUBIN, P. J., MOOR, J.