In re K.B. CA2/6

Filed 11/25/14 In re K.B. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re K.B., a Person Coming Under the 2d Juv. No. B256490 Juvenile Court Law. (Super. Ct. No. J069531) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

W.H.,

Defendant and Appellant.

K.B.'s father W.H. appeals an order denying his request for presumed father status, denying his request for reunification services, and terminating his parental rights. (Welf. & Inst. Code, §§ 366.26, 388.) He contends the trial court abused its discretion when it denied his requests and violated his statutory and due process rights because it proceeded with the jurisdiction and disposition hearing in his absence and did not conduct a separate hearing on his request for presumed father status. We affirm. FACTUAL AND PROCEDURAL BACKGROUND K.B.’s mother used methamphetamine, amphetamine, and heroin during her pregnancy. W.H. also has a history of substance abuse. He and mother were arrested during the pregnancy for being under the influence of methamphetamine. W.H. remained

in custody for probation violations when K.B. was born. The Ventura County Human Services Agency (HSA) removed K.B. from her mother at birth and placed her with the prospective adoptive parents who previously adopted her half-sibling. W.H.’s lengthy criminal history includes arrests for exhibiting, possessing, and brandishing firearms; violating domestic violence restraining orders; assault with a firearm; first degree robbery; and threats with intent to terrorize, among other things. He has had one supervised contact with K.B. After K.B.'s removal, HSA filed a dependency petition based on the inability of W.H. and mother to care for K.B. due to their substance abuse, W.H.’s incarceration, and mother’s failure to address issues that led to removal of the half-sibling. On August 12, 2013, the trial court ordered K.B. detained. W.H. was in custody in Los Angeles and did not appear for the detention hearing. Three weeks later, a social worker met with W.H. at the Los Angeles County jail and encouraged him to enroll in the substance abuse treatment program. W.H. denied having any problem with substance abuse. He enrolled in a parenting class, but not a substance abuse class. The social worker provided him with contact information and told him she would accept his collect telephone calls. The trial court conducted an uncontested jurisdiction and disposition hearing on September 10. W.H. was in custody and did not appear. The Los Angeles County Sheriff’s Department declined HSA’s request to transport him. The trial court appointed counsel to represent W.H. for the issue of paternity. Mother contested HSA’s recommendation to bypass services to her, and the court set the matter for a hearing on September 26. HSA filed a report before the hearing in which it recommended bypassing services to both W.H. and mother. As to W.H., it recommended that the trial court bypass services to him, even if he were determined to be the presumed father, based on his history of violent felonies, lack of a relationship with K.B., and incarceration. If released from Los Angeles County jail, W.H. was expected to be transported to Ventura County jail