Troy People v. Superior Court CA5

Filed 9/19/14 Troy P. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

TROY P., F069759 Petitioner, (Super. Ct. No. 13CEJ300265) 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, Commissioner. Troy P., in pro. per., for Petitioner. No appearance for Respondent. Daniel Cederborg, County Counsel, and Amy K. Cobb, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

Troy P., in propria persona, seeks extraordinary writ review (Cal. Rules of Court, rules 8.450-8.452) of the juvenile court’s orders issued at a contested six-month review hearing (Welf. & Inst. Code, § 366.21, subd. (e))1 terminating reunification services as to his three year-old son, U.P., and one-year-old son, T.P., and setting a section 366.26 hearing. Troy contends his attorney was ineffective for failing to communicate with him. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY In August 2013, Troy’s youngest son, T.P., was born exposed to drugs his mother, Alana,2 used while pregnant. T.P. suffered from withdrawal symptoms as a result and was admitted to a neonatal intensive care unit. Alana told a social worker from the Fresno County Department of Social Services (department) that she had been using heroin on and off for the previous 10 years, including while she was pregnant with T.P. Troy disclosed that he also used heroin during Alana’s pregnancy. Troy and Alana agreed to participate in voluntary family maintenance services, which required them to immediately enter into inpatient substance abuse treatment. T.P. remained in the hospital and U.P. was placed in the care of his maternal grandmother. Troy and Alana, however, did not enter treatment and appeared to be under the influence of drugs while visiting T.P. Consequently, the department took custody of then two-year-old U.P. and newborn T.P. and filed a dependency petition on their behalf. The juvenile court adjudged the children its dependents, and in December 2013, ordered Troy and Alana to complete inpatient substance abuse treatment and parenting classes, participate in mental health services and submit to random drug testing. The children were placed together in a foster home.