B.S. v. Super. Ct. CA5

Filed 12/18/13 B.S. v. Super. Ct. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

B.S., F068130 Petitioner, (Super. Ct. No. 13CEJ30095) 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. Mary Dolas, Commissioner. Heather Ann Von Hagen, for Petitioner. No appearance for Respondent. Kevin Briggs, County Counsel, William G. Smith, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Levy, Acting P.J., Gomes, J. and Kane, J.

B.S. (father) seeks extraordinary writ relief (Cal. Rules of Court, rules 8.450- 8.452) from the juvenile court’s dispositional orders denying him reunification services under Welfare and Institutions Code section 361.5, subdivision (b)(13)1 and setting a section 366.26 hearing as to his four-year-old son, Brandon. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY In April 2013, the Fresno County Department of Social Services (department) removed then three-year-old Brandon from the custody of his mother after she was arrested on various charges, including possession of a controlled substance and child endangerment. Brandon was placed in foster care. Father, then incarcerated, was identified as Brandon’s alleged father. Father was facing charges for a postrelease community supervision violation stemming from an arrest for possession of marijuana, driving under the influence and being under the influence of a controlled substance. The juvenile court adjudged Brandon a dependent child and set the dispositional hearing for June 2013. The department recommended the juvenile court deny mother reunification services under section 361.5, subdivision (b)(13) because of her chronic substance abuse and father because, as an alleged father, he was not entitled to them. (§ 361.5, subd. (a).) In June 2013, father appeared in custody at the dispositional hearing and asked the juvenile court to order paternity testing for him and to place Brandon with relatives. The juvenile court granted his request for paternity testing and continued the hearing. At the continued hearing, the juvenile court elevated father’s paternity status to presumed father, ordered the department to assess him for placement and continued the matter. In an addendum report, the department recommended the juvenile court deny father reunification services under section 361.5, subdivision (b)(13) based on his drug-