In re J.Z. CA3

Filed 8/24/15 In re J.Z. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

In re J.Z., a Person Coming Under the Juvenile Court C077701 Law.

BUTTE COUNTY DEPARTMENT OF (Super. Ct. No. J37235) EMPLOYMENT AND SOCIAL SERVICES,

Plaintiff and Respondent,

v.

D.Z.,

Defendant and Appellant.

Father Dwight Z. appeals the juvenile court’s order denying him reunification services with the 21-month-old minor J.Z. The juvenile court based this denial on the finding that (1) father was not the statutorily presumed father and paternity had not been determined (Welf. & Inst. Code, § 361.5, subd. (a));1 and (2) father was incarcerated and

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

the provision of services would be detrimental to the minor (§ 361.5, subd. (e)). Father contends he was the statutorily presumed father under the Family Code, and the juvenile court’s “misunderstanding of the paternity scheme” calls into question its understanding of section 361.5, subdivision (e). We find there was not sufficient evidence to support the juvenile court’s denial of services under section 361.5, subdivision (a). However, there was sufficient evidence to support the denial of services based on the finding that father was incarcerated and it would be detrimental to the minor to provide services. Accordingly, we shall affirm the orders of the juvenile court. FACTUAL AND PROCEDURAL BACKGROUND When law enforcement officers conducted a traffic stop of mother and her boyfriend, they found the minor in the car, unrestrained, with drugs in the car, and learned the boyfriend was a registered sex offender. The Butte County Department of Employment and Social Services (the Department) filed a section 300 petition alleging mother had failed to protect the minor and father had left the child without any provision for support. (§ 300, subds. (a) & (g).) Mother reported Dwight was the minor’s father. Mother and Dwight were married in April 2011, and the minor was born in October 2012. Mother stated Dwight was present at the minor’s birth and was listed as the father on the birth certificate. Father was arrested in August 2013 on burglary charges, again in August 2013 on drug charges, in October 2013 for failure to appear, and in May 2014 for receiving stolen property and vehicle theft. At the time the Department filed the petition, father was incarcerated in Sutter County jail. He had recently been sentenced to a term of four years and had additional charges pending. The juvenile court found the allegations true and sustained the petition.