Guy S. v. Superior Court CA1/3

Filed 1/9/15 Guy S. v. Superior Court CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

GUY S., Petitioner, v. A143324 THE SUPERIOR COURT OF CONTRA COSTA COUNTY, (Contra Costa County Super. Ct. Respondent; Case No. J13-01015) CONTRA COSTA COUNTY CHILDREN & FAMILY SERVICES BUREAU et al., Real Parties in Interest.

Guy S., C.S.’s biological father, petitions this court to set aside the juvenile court’s October 8, 2014 order denying his motion under Welfare and Institutions Code section 388,1 and setting a February 2, 2015 hearing pursuant to section 366.26. The section 388 motion sought to reverse an earlier order denying petitioner reunification services and visitation with C.S. For the reasons stated below, we deny the petition. FACTUAL AND PROCEDURAL BACKGROUND C.S. will turn three years old in March 2015. When she was born, petitioner was incarcerated. He remained incarcerated on September 4, 2013, when the Contra Costa

1 Unless otherwise noted, all statutory references are to the Welfare and Institutions Code. 1

County Social Services Bureau (agency) filed a petition, pursuant to section 300, subdivision (b), alleging that C.S. was at risk of harm due to her mother’s substance abuse and the mother’s having left her with a caregiver for four days with no provisions for on-going support or any indication of when she would return. The section 300 petition contained no allegations regarding C.S.’s father. After ordering that C.S. be detained on September 5, 2013, the juvenile court sustained the allegations of the section 300 petition on September 26 and declared the child a dependent of the court. On November 26, 2013, the caseworker informed the court that petitioner anticipated being released from custody on January 20, 2014, and that he requested family reunification services. On January 29, petitioner appeared in court and the court ordered a paternity test.2 It also requested information about his criminal history and his prior involvement with C.S. Petitioner’s criminal history began in 1986, when the California Youth Authority asserted jurisdiction over him after he committed a burglary. During his incarceration by the Youth Authority, he escaped from a juvenile facility. The Youth Authority maintained jurisdiction over him until he was 20 years old. In 1991 he was sentenced to two years in state prison for first degree burglary. In 1993, 1994 and 1995, he was returned to prison for parole violations. In September 1995, he was convicted of being a felon in possession of a firearm and sentenced to 32 months in state prison. In 1997, he was again convicted of being a felon in possession of a firearm and possessing a prohibited weapon and sentenced to prison for four years. In 1998, 2000, 2001, 2002 and 2003, he was returned to prison for parole violations. In 2004, he was convicted of being in possession of drugs while armed, possession of a prohibited weapon, and possession of a controlled substance and was sentenced to four years in prison. In 2011, he was sentenced to five years in state prison after being convicted of automobile theft, possession of controlled substances, possession of stolen property, being a felon in 2 No father was listed on C.S.’s birth certificate. The mother reported that petitioner did not have a relationship with the child. 2