In re Ezekiel R. CA2/3

Filed 6/23/25 In re Ezekiel R. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE B340290 In re Ezekiel R., a Person Coming Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 23CCJP03155A) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. A.C., Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Cathy Ostiller, Judge. Affirmed. Jill Smith, under appointment by the Court of Appeal, for Defendant and Appellant.  Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Brian Mahler, Deputy County Counsel, for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ A.C. (mother) appeals from a juvenile court order terminating her parental rights. Her son, Ezekiel R., became a dependent of the juvenile court due to mother’s untreated mental illnesses and domestic violence with her partner. Mother was bypassed for family reunification services. At the hearing to select a permanent plan, mother argued that the parental benefit exception to adoption applied. The juvenile court found mother had not maintained regular visitation and contact with Ezekiel, she did not establish a sufficient benefit from continuing the relationship, and she failed to establish that the termination of parental rights would be detrimental to Ezekiel. We affirm the juvenile court order.1 FACTUAL AND PROCEDURAL BACKGROUND In 2021, a juvenile court terminated mother’s parental rights to Ezekiel’s older half sibling. The half sibling had become a dependent of the juvenile court due to mother’s mental health and anger issues, incarceration, and inability to care for the child. 1 Mother’s opening brief and notice of appeal state that she is also appealing from an order denying her Welfare and Institutions Code section 388 petition. However, her opening brief raises no related argument of error and, in her reply brief, she clarifies that she is only challenging the termination of her parental rights. 2  In August 2023, the Los Angeles County Department of Children and Family Services (DCFS) received a general neglect referral regarding then two-year-old Ezekiel (born September 2020). The caller reported that Ezekiel lacked sufficient food, had marks on his body (which mother later stated were due to mosquito bites), and smelled like urine and feces. The reporter also indicated that mother and her boyfriend, R.R., engaged in domestic violence in Ezekiel’s presence. R.R. had recently been arrested after assaulting mother.2 On September 7, 2023, the juvenile court detained Ezekiel from mother and placed him in the home of maternal grandmother.3 The September 2023 detention report stated that, according to maternal grandmother, mother had various mental health diagnoses. Mother was resistant to treatment and had been placed on psychiatric holds. She had been diagnosed with Schizoaffective Disorder Depressive Type and Bipolar Disorder, and had been hospitalized twice. However, when a social worker interviewed mother, she denied any mental health issues or need for related services. Mother admitted to domestic violence between her and R.R., as did R.R. According to R.R., some of their fights were in 2 DCFS later obtained a police report regarding a June 2023 violent incident between mother and R.R. Police observed swelling on mother’s eye and redness on her neck. R.R. was arrested. According to a DCFS report, R.R. accused mother of punching him in the face 15 times during the incident. Ezekiel was present. R.R.’s seven-year-old brother also said that mother pushed him, causing him to fall to the floor. 3 DCFS completed a due diligence search for Ezekiel’s alleged father. His whereabouts are unknown. 3 Ezekiel’s presence. Mother claimed she and R.R. had ended their relationship. Mother was convicted of domestic battery in 2022 and 2023. Her failure to comply with mental health services led to the termination of her parental rights over her older child. Maternal grandmother expressed concern about mother’s ability to care for Ezekiel given her unresolved mental health and domestic violence issues. At a September 18 det