Julio v. v. Super. Ct. CA22/6

Filed 6/23/15 Julio V. v. Super. Ct. CA22/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JULIO V., 2d Civil No. B261956 (Super. Ct. No. JV 46501) Petitioner, (San Luis Obispo County)

v.

THE SUPERIOR COURT OF SAN LUIS OBISPO COUNTY,

Respondent;

SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

Julio V. (father) petitions for extraordinary writ review of the juvenile court's order terminating reunification services and setting a permanent plan hearing regarding his minor children J.V. and L.V. (Welf. & Inst. Code,1 §§ 366.21, subd. (e), 366.26, subd. (c).) We deny the petition.

1 All further statutory references are to the Welfare and Institutions Code.

FACTUAL AND PROCEDURAL HISTORY Jurisdiction and Disposition On April 29, 2013, San Luis Obispo County Department of Social Services (DSS) filed a dependency petition as to 13-month-old J.V. and one-month-old L.V. alleging failure to protect. (§ 300, subd. (b).) The petition alleged that the minors' mother, Bianca H. (mother),2 had not received prenatal care for L.V. and that L.V. had tested positive for marijuana at birth. Both parents abused drugs and engaged in domestic violence while the minors were present. Father also had a significant criminal history including drug-related charges and domestic violence. Although the parents had agreed to participate in substance abuse treatment, neither of them had completed an assessment. At a contested detention hearing on May 1, 2013, father was declared the presumed father of the children. Both parents agreed to complete a drug and alcohol assessment, enroll in counseling, and meet twice with the public health nurse prior to the continued hearing set for May 9, 2013. At the May 9th hearing, the minors were returned to mother on the condition they stay at a local homeless shelter. A combined jurisdiction and disposition hearing was set for June 5, 2013. Prior to the June 5th hearing, DSS reported that father had been arrested again for domestic violence against mother. DSS also received another referral that mother was still smoking marijuana and driving the minors while unlicensed. Both parents' drug tests from the prior week were positive for marijuana. On May 23, 2013, the court ordered DSS to detain the minors if either child tested positive for marijuana or either parent drove them without a valid license. Six days later, DSS removed the minors and filed a section 387 supplemental petition. DSS reported that father had brought the minors in and requested that DSS take custody of them. Father told the social worker he and mother were still using and were attempting