In re S.E. CA5

Filed 3/6/15 In re S.E. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re S.E., a Person Coming Under the Juvenile Court Law.

FRESNO COUNTY DEPARTMENT OF F069793 SOCIAL SERVICES, (Super. Ct. No. 06CEJ300202-3) Plaintiff and Appellant,

v. OPINION JAMES E.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Fresno County. Brian M. Arax, Judge. Daniel Cederborg, County Counsel, and Amy K. Cobb, Deputy County Counsel, for Plaintiff and Appellant. Caitlin U. Christian, under appointment by the Court of Appeal, for Defendant and Respondent.

-ooOoo-

Fresno County Department of Social Services (the Department) appeals from the juvenile court’s order granting reunification services to S.E.’s father, James E. (father), contending that reunification services should have been denied father pursuant to Welfare and Institutions Code section 361.5, subdivision (b)(10).1 While this appeal was pending, the juvenile court terminated reunification services to father. We will dismiss the appeal as moot. FACTUAL AND PROCEDURAL SUMMARY S.E. was born in April 2012. The day after his birth he was removed from the care of his mother (mother) because he was found to be at substantial risk of suffering physical neglect. Mother tested positive for methamphetamine at his birth. Mother previously had tested positive for methamphetamine at the birth of a half-sibling and received court-ordered substance abuse treatment. In addition, mother previously had failed to reunify with S.E.’s half-siblings, who were the subject of an earlier dependency proceeding. The juvenile court ordered family reunification services be provided to both mother and father. In February 2013, reunification services were ordered terminated for both parents, with family maintenance services to be provided only for mother. In August 2013, the dependency proceedings were terminated, with the mother being granted sole legal and physical custody of S.E. Father was to receive no visitation while incarcerated. Dependency proceedings were reinstated for S.E.’s half-siblings, Isaiah M. and Samuel M., on November 5, 2013. On March 10, 2014, a new section 300 proceeding was filed on behalf of S.E. The petition alleged mother, despite receiving substance abuse treatment, had tested positive