In re J.R. CA3

Filed 12/24/14 In re J.R. CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Lassen) ----

In re J. R. et al., Persons Coming Under the Juvenile C076659 Court Law.

LASSEN COUNTY DEPARTMENT OF HEALTH (Super. Ct. Nos. J4848 & AND SOCIAL SERVICES, J5706)

Plaintiff and Respondent,

v.

J. R.,

Defendant and Appellant.

J.R., father of the minors, appeals from orders terminating his parental rights. (Welf. & Inst. Code, §§ 366.26, 395 [further undesignated statutory references are to the Welfare and Institutions Code].) Father argues notice of the termination hearing was

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defective and the juvenile court erred in failing to grant his request for a continuance of the hearing. We will affirm the juvenile court orders terminating father’s parental rights. BACKGROUND The minors, J.R., age nine, and C.R., age seven, were detained in November 2013 based on allegations of neglect, substance abuse, domestic violence and sexual abuse of the half-siblings and an unrelated child who lived in the home. At disposition, the juvenile court bypassed services based on the parents’ ongoing substance abuse, failure to reunify with the half-siblings in a prior case and termination of parental rights as to the half-siblings. The juvenile court set a section 366.26 hearing to select a permanent plan for the minors. The social worker’s report for the section 366.26 hearing, filed and served on April 25, 2014, recommended termination of parental rights and a permanent plan of adoption. The report stated that the assessment of the California Department of Social Services (CDSS) was not complete and that CDSS wanted a continuance. On May 1, 2014, mother filed a petition for modification (§ 388) seeking an order for reunification services. At the section 366.26 hearing on May 5, 2014, mother was not present. Both mother’s counsel and CDSS requested a continuance which the juvenile court granted. Pending the continued hearing, the social worker filed an addendum to the prior report. The addendum stated mother had not visited the minors since the last hearing. Father had been released from custody in Lassen County and transported to Mineral County, Nevada, for criminal matters pending there. The completed CDSS assessment was attached to the addendum and agreed with the social worker’s earlier recommendation of termination of parental rights with a permanent plan of adoption for the minors. The addendum and CDSS assessment were served by mail on the parties on May 28, 2014. Father was in custody in Nevada at the time.