In re S.P. CA5

Filed 6/3/25 In re S.P. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re S.P., a Person Coming Under the Juvenile Court Law.

KERN COUNTY DEPARTMENT OF HUMAN SERVICES, F089104 Plaintiff and Respondent, (Super. Ct. No. JD144593-00) v. OPINION ANTHONY S.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Christie Canales Norris, Judge. Brian Bitker, under appointment by the Court of Appeal, for Defendant and Appellant. Margo A. Raison, County Counsel, and Jennifer E. Feige, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

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

Anthony S., presumed father of minor S.P., appeals from the juvenile court’s order terminating his parental rights (Welf. & Inst.1 Code, § 366.26). On appeal, he contends the court erred by finding the beneficial parent-child relationship exception to termination of parental rights did not apply.2 Finding no error, we affirm the juvenile court’s order. FACTUAL AND PROCEDURAL BACKGROUND On May 24, 2023, the Kern County Department of Human Services (department) filed a juvenile dependency petition on behalf of then nine-month-old S.P. It was alleged he came within the juvenile court’s jurisdiction under section 300, subdivision (b) [failure to protect] due to risk of harm from both parents’ substance abuse and mother’s failure to provide adequate shelter as her home was deemed uninhabitable. S.P. had been splitting time between living with his paternal grandmother, with whom father resided, and the maternal uncle. The juvenile court ordered S.P. detained on May 26, 2023, and ordered the parents to have twice weekly two-hour supervised visitation. S.P. was placed with the maternal uncle on June 1, 2023. Father began visiting with S.P. consistently, and the visits went well, but he did not participate in his voluntary case plan. On July 31, 2023, the date set for the jurisdiction hearing, father was elevated to presumed status. He waived his right to a jurisdiction hearing, and the juvenile court found all allegations in the petition true and that S.P. was described by section 300, subdivision (b). The matter was continued as to disposition. The disposition hearing was conducted on November 29, 2023. S.P. was adjudged a dependent of the court and ordered removed from the parents’ physical custody. Father