In re Evelyn H. CA2/2

Filed 4/1/14 In re Evelyn H. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re EVELYN H. et al., Persons Coming B253817 Under Juvenile Court Law. _____________________________________ (Los Angeles County Super. Ct. No. CK88230) J.H.,

Petitioner,

v.

THE SUPERIOR COURT OF LOS ANGELES COUNTY,

Respondent;

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Real Party in Interest.

ORIGINAL PROCEEDING. Petition for extraordinary writ. (Cal. Rules of Court, rule 8.452.) Marilyn Kading Martinez, Commissioner. Petition denied. Los Angeles Dependency Lawyers, Inc., Law Office of Marlene Furth, Danielle Butler Vappie and Carolina Villamil for Petitioner. No appearance for Respondent.

Office of the County Counsel, John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Jeanette Cauble, Deputy County Counsel, for Real Party in Interest. __________________

J.H. (father) has filed a petition for extraordinary writ (Cal. Rules of Court, rule 8.452) challenging the juvenile court’s order setting a hearing pursuant to Welfare and Institutions Code section 366.26.1 We deny the petition.

FACTS AND PROCEDURAL HISTORY

On December 3, 2012, the Los Angeles County Department of Children and Family Services (DCFS) filed a section 300 petition concerning the four children of Melody H. (mother). At that time, the children were ages five, three, two and one. DCFS alleged that mother had hit one of the children with a shoe, had a violent altercation with a maternal aunt in the children’s presence, had a history of substance abuse, including methamphetamine, and currently abused alcohol and marijuana. DCFS alleged that father had failed to provide the children with the necessities of life. The family had most recently come to DCFS’s attention via a referral on August 23, 2012. At that time, mother told DCFS that J.H. was the biological father of her two youngest children, Evelyn and Jacob. Mother said that father had not had any contact with the children for six months, and although he would call to see how they were doing, he did not visit them. Mother said that father lived in Tijuana, Mexico. In its detention report, DCFS listed father’s whereabouts as “unknown.” On November 30, 2012, DCFS initiated a due diligence search request for father. DCFS had four possible addresses for father but he did not live at any of them.