J.V. v. Superior Court CA5

Filed 12/10/24 J.V. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

J.V., F088750 Petitioner, (Super. Ct. No. 21CEJ300224-3) v.

THE SUPERIOR COURT OF FRESNO OPINION COUNTY,

Respondent;

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ. James A. Kelley, Judge. J.V., in propria persona, for Petitioner. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and Lisa R. Flores, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Levy, Acting P. J., Detjen, J. and Meehan, J.

J.V. (father), in propria persona, seeks an extraordinary writ (Cal. Rules of Court, rule 8.452)1 from the juvenile court’s orders issued at a contested jurisdiction and disposition hearing on September 30, 2024, which resulted in the child being placed in foster care and family reunification services denied as to father and the child’s mother J.C. (mother). Father’s petition requests that the juvenile court be directed to order that the child be returned to his custody, reunification services be continued, and visitation be provided to him. He does not, however, allege the juvenile court erred in removing the child or denying family reunification services. We conclude father’s petition fails to comport with the procedural requirements of rule 8.452 regarding extraordinary writ petitions and dismiss the petition. PROCEDURAL AND FACTUAL SUMMARY In November 2023, mother gave birth to the child while she was incarcerated. A plan was made to allow for a maternal aunt to care for the child. The child was taken into protective custody by law enforcement after mother was released from incarceration in April 2024. Law enforcement was concerned for the child’s safety because the child’s sibling, M.V., passed away while in mother’s care in 2021. A criminal investigation was still ongoing regarding M.V.’s death. Dependency proceedings were initiated in June 2021 for M.V.’s siblings, and the court sustained allegations that both parents caused the death of M.V. The Fresno County Department of Social Services (department) filed an original petition alleging the child was described by Welfare and Institutions Code section 300, subdivisions (a), (b)(1), (f), and (j).2 The petition alleged the child was at substantial risk of suffering serious physical harm due to the fatal injuries that were inflicted on M.V. while in mother’s care. The petition further alleged that mother caused the death of M.V.