J v. v. Super. Ct. CA6

Filed 2/20/14 J.V. v. Super. Ct. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

J.V., H040424 (Santa Cruz County Petitioner, Super. Ct. No. DP002679)

v.

THE SUPERIOR COURT OF SANTA CRUZ COUNTY,

Respondent,

SANTA CRUZ COUNTY HUMAN SERVICES DEPARTMENT,

Real Party in Interest.

Petitioner J.V., the presumed father of M.V, filed a petition for extraordinary writ. Although the petition does not specify any order for review, we presume that petitioner is seeking extraordinary relief from the juvenile court's order setting a hearing under Welfare and Institutions Code section 366.26.1 (See § 366.26, subd. (l); rules 8.450, 8.452.) After careful review, we deny the petition.

1 All further statutory references are to the Welfare and Institutions Code unless otherwise stated. All references to rules are to the California Rules of Court. 1

I Procedural History A. Background A juvenile dependency petition was filed on behalf of M.V. under section 300, subdivisions (b) (failure to protect) and (g) (no provision for support) on August 30, 2012. The petition identified petitioner as the alleged father of M.V. and provided a Kern Valley State Prison address for him. The petition alleged, among other things, that mother's six children, who ranged in age from newborn to seven years old and included four-year-old M.V., had suffered, or were at substantial risk of suffering, serious physical harm or illness as the result of mother's failure to adequately supervise and protect her children. The Jurisdiction/Disposition Report, dated October 2, 2012, disclosed that petitioner was incarcerated two weeks before M.V., who was four years old at the time of the report, was born. Petitioner had seen M.V. once while incarcerated. Kern Valley Prison had indicated that petitioner's expected release date was February 22, 2016. The report stated that if the court raised petitioner "to a presumed father status, the Department will be considering a bypass recommendation based on . . . [section] 361.5(e)(1)."2