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Name: In re James C.
Case #: B156096
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 12/17/2002
Subsequent History: None

Father waived his right to challenge the sufficiency of the petition by failing ro raise the issue in a demurrer. However, even if the issue had not been waived, there was sufficient grounds to state a cause of action. The petition alleged mother’s conduct in allowing the children to be in a filthy and unsanitary condition, allowing them to live with a convicted sex offender, and father’s inability to provide for the children due to his incarceration in state prison. Further, there was sufficient evidence to support the petition. Father was unable to protect the children from living in deplorable conditions. There was no evidence that father made any arrangements for the children while he was incarcerated. It was not error for the trial court to have denied father reunification services pursuant to Welfare and Institutions Code section 361.5, subdivision (b)(12) and (e)(1). Father had been convicted of a violent felony, which supported the section (b)(12) finding. Further, there was sufficient evidence to support the conclusion that reunification would have been detrimental to the children. There was no evidence the children had a relationship with their father, who had been incarcerated most of their lives, and father was sentenced to nine years in state prison, with no chance to reunify with them within 12 months.