V.C. v. Superior Court CA3

Filed 5/29/29 V.C. v. Superior Court CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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., C102794

Petitioner, (Super. Ct. No. JD242561)

v.

THE SUPERIOR COURT OF SACRAMENTO COUNTY,

Respondent;

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

Real Parties in Interest.

Petitioner is the father of dependent minor V. (age 6) and the minor’s sibling C. (age 17), who is not the subject of this writ proceeding. Petitioner seeks an extraordinary writ to vacate the orders of respondent Sacramento County Superior Court (juvenile court) terminating his reunification services and setting a hearing pursuant to Welfare and

1

Institutions Code1 section 366.26. (Cal. Rules of Court,2 rule 8.452.) Petitioner contends the juvenile court erred in finding return of V. to his care and custody would subject V. to a substantial risk of detriment. (§ 366.21, subd. (f)(1).) We stayed the section 366.26 hearing in the respondent juvenile court pending resolution of this writ petition. We previously notified the parties we would resolve this matter without oral argument unless any party timely objected. Having received no objection, we now issue the writ with directions. FACTUAL AND PROCEDURAL BACKGROUND In March 2023, V. and his sibling 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 children, placed them with maternal relatives, and ordered reunification services for petitioner. Petitioner moved to Sacramento and the matter was then transferred to Sacramento County. Over the course of the next 13 months, petitioner completed his court-ordered services, working with real party in interest 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, had completed his case plan services, and was living with his girlfriend and her four children. Despite his seven months of sobriety and his completion of services, the Department expressed concern about his ability to complete his treatment objectives, meet V.’s needs, and provide for V.’s safety, protection, and well-being. There were no concerns expressed about petitioner’s current sobriety. Nor were there any concerns expressed