In re J.C. CA1/4

Filed 5/27/14 In re J.C. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re J.C., a Person Coming Under the Juvenile Court Law.

CONTRA COSTA COUNTY CHILDREN AND FAMILY SERVICES BUREAU, A140254 Petitioner and Respondent, v. (Contra Costa County Super. Ct. No. MSJ1200844) M.K., Objector and Appellant.

I. INTRODUCTION Appellant M.K., the alleged father of three-year-old J.C. (the minor), contends the juvenile court erred in failing to continue a hearing to terminate his parental rights pursuant to Welfare and Institutions Code section 366.26,1 in order to give him the opportunity to establish his paternity by completing genetic testing. We find no abuse of discretion. Accordingly, we affirm the order terminating appellant’s parental rights thereby freeing the minor for adoption.

1 All statutory references are to the Welfare and Institutions Code. We note at the outset the minor’s mother is not a party to this appeal. Consequently we omit nonessential facts with regard to her participation in these proceedings.

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II. FACTS AND PROCEDURAL HISTORY On May 29, 2012, the Contra Costa County Children and Family Services Bureau (the Bureau) filed a juvenile dependency petition on behalf of the then-11-month-old minor. Among other things, the petition alleged the minor’s 17-year-old mother had a substance abuse problem that impaired her ability to care for the infant. A report prepared for the jurisdictional hearing indicated mother cared for the minor while living in a foster home. On May 23, 2012, mother took the minor to a park but did not return to the foster home. The foster mother found mother and the minor sometime after 8:00 p.m. Mother became belligerent and appeared intoxicated. When mother eventually returned to the foster home, Fairfield Police arrived and tested mother’s blood-alcohol level, which was recorded at .104 percent. Mother identified appellant as the minor’s alleged father. According to mother, appellant “refused to have any contact with mother and the [minor].” The court detained the minor on May 30, 2012, and ordered no visits between the parents and the minor. On July 12, 2012, the court assumed jurisdiction over the minor pursuant to section 300, subdivision (b). In the disposition report, appellant is described as the minor’s “absent alleged father.” The report also indicates appellant was released from Santa Rita Jail in Alameda County on February 14, 2012, after serving one and one-half years for several offenses in which mother was the victim, i.e., oral copulation of a minor and child pornography. Appellant was also convicted of two counts of human trafficking of two other girls. Appellant had not yet contacted the Bureau “and he would need to present himself to the social worker and Court in order to request paternity testing, counsel, and possible reunification services.” At the conclusion of the disposition hearing, the court granted mother reunification services and allowed her supervised visits with the minor. The court denied appellant reunification services and visitation until he contacted the social worker and presented himself to the court.