Darryl B. v. Superior Court CA5

Filed 9/15/14 Darryl B. v. Superior Court 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

DARRYL B., F069592 Petitioner, (Super. Ct. No. 06CEJ300105-2) 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, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Katherine Fogarty, for Petitioner. No appearance for Respondent. Daniel Cederborg, County Counsel, and Amy K. Cobb, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

Darryl B. (father) seeks extraordinary writ review of the juvenile court’s orders denying him reunification services under Welfare and Institutions Code section 361.21 and setting a section 366.26 hearing as to his four-year-old daughter, Jazmine. We grant the petition. PROCEDURAL AND FACTUAL SUMMARY Father and Angelina (mother) are Jazmine’s parents. Mother is schizophrenic and she and father engage in domestic violence and abuse alcohol and marijuana. Mother has a long association with child protective services dating back to 1996, involving multiple children. The Fresno County Department of Social Services (department) first intervened on Jazmine’s behalf in November 2010, after mother and father left then one-year-old Jazmine unattended, got drunk and broke a window. The department returned Jazmine to their custody after they agreed to participate in community-based services. In December 2011, the juvenile court sustained a first amended dependency petition alleging mother and father physically and verbally abused each other in Jazmine’s presence, placing her at a substantial risk of suffering serious physical or emotional harm. The juvenile court removed Jazmine from father’s custody and ordered reunification services for him. The juvenile court allowed Jazmine to stay in mother’s custody with family maintenance services. In January 2012, father was arrested on federal weapons charges. In October 2012, the juvenile court granted mother sole legal and physical custody of Jazmine and terminated its dependency jurisdiction. These dependency proceedings were initiated in February 2014, after law enforcement arrested mother for being under the influence of crystal methamphetamine. At the time, father was incarcerated in Illinois State Prison.