A.W. v. Superior Court CA5

Filed 3/11/25 A.W. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

A.W., F089303 Petitioner, (Super. Ct. No. 15CEJ300198-2) 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 review. Kimberly J. Nystrom-Geist, Judge. A.W., in propria persona, for Petitioner. No appearance for Respondent.

* Before Franson, Acting P. J., Smith, J. and DeSantos, J.

Daniel C. Cederborg, County Counsel, and Lisa R. Flores, Deputy County Counsel, for Real Party in Interest. -ooOoo- Father, A.W., in propria persona, seeks an extraordinary writ (Cal. Rules of Court, rule 8.452)1 from the juvenile court’s order issued at a contested 18-month review hearing on January 30, 2025, which resulted in his child, V.W., being declared a dependent of the court and family reunification services being terminated. Father’s petition requests that the court be directed to order the child returned to his custody. He does not, however, allege the court erred when removing the child initially, or later terminating family reunification services. We conclude father’s petition fails to meet the procedural requirements of rule 8.452 regarding extraordinary writ petitions and, therefore, dismiss the petition. SUMMARY OF CASE AND FACTS The child named in this petition, along with her siblings who are not named, was initially the subject of a Welfare and Institutions Code2 section 300 hold, removing her from the custody of her mother3 and father due to safety concerns. On June 29, 2023, a section 300 petition was filed by the Fresno County Department of Social Services (department), alleging serious physical harm to the child by mother, along with the failure of both parents to protect their children from general neglect. Following a detention hearing held on June 30, 2023, the children were officially removed from the custody of both parents. At the same time the juvenile court set a date for a combined jurisdiction and disposition hearing.