In re Destiny G. CA2/6

Filed 10/31/13 In re Destiny G. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re DESTINY G., a Person Coming 2d Juv. No. B250377 Under the Juvenile Court Law. (Super. Ct. No. JV 51169) (San Luis Obispo County)

RAUL G.,

Petitioner,

v.

THE SUPERIOR COURT OF SAN LUIS OBISPO COUNTY,

Respondent; ___________________________________

SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

Raul A. G. (Father) is the presumed father of Destiny G., who was born on August 1, 2012 and who has been a dependent of the juvenile court since September 27, 2012. Father seeks writ relief (Cal. Rules of Court, rules 8.452, 8.456) from the juvenile court's order terminating reunification services and setting the matter for a permanency

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planning hearing. (Welf. & Inst. Code, § 366.26.)1 He contends the order terminating services is not supported by substantial evidence. We deny the writ. Facts Destiny G. was just shy of two months old when, on September 25, 2012, her biological mother, M. W. (Mother) was arrested for a probation violation. Mother admitted to using heroin the day before. On the day of her arrest, Mother tested positive for methamphetamine, opiates, marijuana and heroin. Father was also briefly taken into custody because of his aggressive and hostile behavior toward the probation officer. The probation officer told the social worker that he was concerned about leaving Destiny in Father's custody because of Father's hostile behavior and because Father might also have been using drugs. When asked to take a drug test that day, Father refused. He did, however, test the next day. The test was negative for all substances. Destiny had a severe diaper rash. She also appeared to have not been bathed because she had "residue" in the folds of her neck, stringy hair and dried diaper rash ointment in the folds of her legs. The parents had not been taking Destiny to her post natal medical appointments and had declined the services of a public health nurse. Father has nine biological children with his wife, who lives in Kern County. Those children were the subject of several child welfare referrals for general neglect, although it is not clear whether they were placed in foster care. Father has two other children with a third woman, Rebecca H. In January 2009, Father was convicted in Kern County of a misdemeanor violation of Penal Code section 273.5, inflicting corporal injury on a cohabitant, after he punched and kicked Rebecca H. At the time, Rebecca H. was pregnant with Father's child and was holding their other child. The incident was witnessed by another one of Rebecca H.'s children. Father has a lengthy arrest record, including many arrests for driving under the influence, possession of controlled substances and various property crimes.