Daniel G. v. Superior Court CA5

Filed 10/25/24 Daniel G. v. Superior Court CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

DANIEL G., F088609 Petitioner, (Super. Ct. No. 23JD0124) v.

THE SUPERIOR COURT OF KINGS OPINION COUNTY,

Respondent;

KINGS COUNTY HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ. Jennifer L. Giuliani, Judge. Daniel G., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

* Before Franson, Acting P. J., Meehan, J. and Snauffer, J.

Daniel G. (father), petitions for extraordinary relief pursuant to California Rules of Court, rule 8.452. Father seeks review of the juvenile court’s August 27, 2024 order setting a hearing pursuant to Welfare and Institutions Code section 366.26.1 Father asserts that the juvenile court erred in terminating reunification services for Nicole L. (mother), who is not a party here, and asks for a stay of the upcoming section 366.26 hearing on December 17, 2024. We find father lacks standing and deny the petition and request for stay. FACTUAL AND PROCEDURAL HISTORY The subject of this proceeding is I.G. (then 8 months old), who was brought to the attention of the Kings County Human Services Agency (agency) when it received a referral that I.G. and mother resided with a maternal aunt and her boyfriend, who often engaged in domestic violence and violent altercations. The adults were reported to smoke marijuana and consume alcohol throughout the day with I.G. present. Mother had a history of methamphetamine use. The section 300 petition alleged mother failed to adequately supervise I.G. due to mother’s unmanaged mental illness. It was further alleged that I.G. had been left without provision for support as father was currently incarcerated with an expected release date of December 2031. Mother was ordered to receive reunification services. Reunification services for father were denied pursuant to section 361.5, subdivision (b)(12), that he had been convicted of a violent felony; (b)(16), that he was required to register as a sex offender; and (e)(1), that he was incarcerated and providing reunification services would be detrimental to I.G. The 12-month review hearing report filed on August 16, 2024, recommended services for mother be terminated, due to the agency’s continued concerns about mother’s