K.M. v. Superior Court CA6

Filed 2/20/25 K.M. v. Superior Court CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

K.M., H052734 (Santa Clara County Petitioner, Super. Ct. No. 23JD027585)

v.

THE SUPERIOR COURT OF SANTA CLARA COUNTY,

Respondent;

SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN’S SERVICES,

Real Party in Interest.

Petitioner K.M. is the father of N.P.-M. (minor). Father petitions for an extraordinary writ, challenging the juvenile court’s order terminating family reunification services and setting the matter for a Welfare and Institutions Code section 366.26 hearing. For the reasons stated here, we will deny the petition. I. JUVENILE COURT PROCEEDINGS Minor was born in October 2022. According to the operative second amended Welfare and Institutions Code section 300 petition, minor was removed from her mother’s care (along with two siblings) in August 2023. Mother “perpetrated domestic violence” against father while he was holding minor. The operative petition alleged there was a substantial risk that the children would suffer serious physical harm without

juvenile court intervention due to the domestic violence history and mother’s failure to arrange for the children’s care and supervision. It further alleged father had a long-term substance abuse problem with methamphetamine and that father “state[d] he is unable to have [minor] in his care at this time due to his unstable circumstances.” A. JURISDICTION AND DISPOSITION HEARING (FEBRUARY 2024) The juvenile court found true the allegations of the operative petition following a contested hearing in February 2024. The court declared father to be minor’s presumed father; minor’s two siblings have a different father. Minor was declared a dependent of the court and ordered into the care, custody, and control of the Santa Clara County Department of Family and Children’s Services (Department). The juvenile court ordered family reunification services for mother and father. (Because mother is not a party to this writ proceeding, we focus primarily on the juvenile court proceedings as they relate to father.) Father’s case plan included: a 16-week parenting without violence class; counseling or psychotherapy to address trauma and the impact of substance abuse on children; weekly drug testing; completing a substance abuse self-help program; and completing a substance abuse assessment (including participating in any program recommended by the assessment). The court ordered twice weekly supervised visits between minor and father. B. SIX-MONTH REVIEW HEARING (JULY 2024) The Department prepared a status review report for the six-month review hearing. Minor was in the custody of her paternal grandmother. She was healthy and developmentally on target. Father was unemployed. He had attended the first 11 parenting without violence classes, and needed to attend five more to complete the program. Father had not made progress on enrolling in counseling or psychotherapy. He was “enrolled in outpatient services to address his active substance abuse,” but “maintained minimal involvement in treatment” during the reporting period. Father tested positive for methamphetamine on two occasions during the six-month period, but 2