V.C. v. Superior Court CA3

Filed 11/27/24 V.C. v. Superior Court CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sacramento) ----

V.C., C101867

Petitioner, (Super. Ct. Nos. JD242561, JD242562) v.

THE SUPERIOR COURT OF SACRAMENTO COUNTY,

Respondent;

SACRAMENTO COUNTY DEPARTMENT OF CHILD, FAMILY AND ADULT SERVICES et al.,

Real Party in Interest.

1

Petitioner is the father of dependent minors C. (age 17) and V. (age 6). He seeks an extraordinary writ to vacate the orders of respondent Sacramento County Superior Court (juvenile court or court) terminating his reunification services and setting a hearing pursuant to Welfare and Institutions Code section 366.26.1 (Cal. Rules of Court, rule 8.452.) Petitioner contends the juvenile court erred in finding return of the minors to his care and custody would subject them to a substantial risk of detriment. (§ 366.21, subd. (f)(1).) We agree, but decline to order return of the minors as petitioner requests. We shall issue a preemptory writ of mandate directing the juvenile court to vacate its findings and orders made at the August 15, 2024, 12-month review hearing and to conduct a new hearing and enter appropriate findings and orders as discussed in this opinion, based on any and all evidence up to the date when the new hearing is held. BACKGROUND In March 2023, the minors were removed from petitioner’s custody in Santa Cruz County due to petitioner’s substance abuse. The Santa Cruz County Superior Court took jurisdiction over the minors and ordered reunification services for petitioner. The matter was transferred to Sacramento County. Over the course of the next 13 months, petitioner completed his court-ordered services, working with the Sacramento County Department of Child, Family and Adult Services (Department). By the time of the 12-month review hearing on August 15, 2024, petitioner had been testing negative for controlled substances for approximately seven months. Despite his seven months of sobriety and his completion of services, the Department expressed concern about his ability to complete his treatment objectives, meet the minors’ needs, and provide for the minors’ safety, protection, and well-being. There were no concerns expressed about petitioner’s current sobriety.