Rudy M. v. Super. Ct. CA5

Filed 7/17/14 Rudy M. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

RUDY M., F069521 Petitioner, (Super. Ct. No. JD131468-00) v.

THE SUPERIOR COURT OF KERN COUNTY, OPINION Respondent;

KERN COUNTY DEPARTMENT OF HUMAN SERVICES,

Real Party in Interest.

THE COURT* APPEAL from orders of the Superior Court of Kern County. Louie L. Vega, Judge. Rudy M., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

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

Petitioner Rudy M. (father) in propria persona petitions (Cal. Rules of Court, rule 8.452) to vacate the juvenile court’s May 27, 2014 order terminating his reunification services and setting a Welfare and Institutions Code section 366.261 hearing for his one- year-old daughter, Isabella. Father alleges the juvenile court’s order was erroneous due to his incarceration. His petition fails to comport with the procedural requirements of California Rules of Court, rule 8.452(b), in that it does not include a memorandum: (1) summarizing the significant facts contained in the record; and (2) supporting his argument by citation to legal authority and the record. Accordingly, we will dismiss father’s petition as inadequate. PROCEDURAL AND FACTUAL HISTORY When Isabella was approximately five months old, each of her parents was arrested. The mother was arrested for being under the influence of methamphetamine and father, who was also using methamphetamine, was arrested for a parole violation. As a result, Isabella was placed in protective custody and the Kern County Department of Human Services (department) initiated these juvenile dependency proceedings. The juvenile court subsequently exercised its dependency jurisdiction over Isabella because of the substantial risk that she would suffer serious physical harm by each parent’s inability to provide regular care due to each parent’s substance abuse. In November 2013, the juvenile court ordered Isabella removed from parental custody and ordered six months of reunification services for only father. Father’s reunification services included counseling for parenting and substance abuse, random drug testing, and visitation. Father was in and out of custody during these proceedings. He was both incarcerated and released during mid-October 2013. He was again arrested on October 29, 2013, for carrying a concealed dirk or dagger. He explained to a social worker in