Ramon H. v. Super. Ct. CA2/6

Filed 9/16/15 Ramon H. v. Super. Ct. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

RAMON H., 2d Civil No. B264696 (Super. Ct. No. J070452) Petitioner, (Ventura County)

v.

THE SUPERIOR COURT OF VENTURA COUNTY,

Respondent;

HUMAN SERVICES AGENCY,

Real Party in Interest.

Ramon H., the presumed father of Norma H., seeks an extraordinary writ to vacate the June 3, 2015 order of the juvenile court setting a permanent plan hearing pursuant to Welfare and Institutions Code section 366.26.1 We summarily deny the petition because it fails to comply with the requirements of California Rules of Court, rule 8.452. Factual and Procedural Background On April 30, 2015, four-year-old Norma was detained after father was arrested for driving under the influence of alcohol with Norma in the car. Father was driving with no headlights. After he got out of the car, the arresting officer saw that he was drenched with beer. There were open containers of beer in the car. Norma's mother, Sylvia H. was

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

in the car and under the influence of a controlled substance. She tested positive for methamphetamine. On May 4, 2012, Ventura County Human Services Agency (HSA) filed a petition for failure to protect (§ 300, subd. (b)) and abuse of a sibling (§ 300, subd. (j)). The petition alleged that parental rights were terminated to Norma's half sibling who tested positive for amphetamine and opiates at birth. Mother was offered reunification services in 2009 but failed to participate in substance abuse treatment. HSA reported that father and mother had a history of polysubstance abuse and domestic violence. Father was currently using methamphetamine and heroin, had a 30 year drug history, and failed to complete drug programs in the past. Father told the social worker that he was using drugs in order to "help" Norma's mother. At the May 5, 2015 detention hearing, the trial court appointed counsel for father, provided father a Spanish interpreter, detained Norma, and set the matter for a jurisdiction and disposition hearing. Father and mother failed to appear at the June 3, 2015 jurisdiction/disposition hearing. Based on the HSA reports, the trial court sustained the petition, bypassed reunification services (§ 361.5, subd. (b)(13)), and set the matter for a September 21, 2015 permanent placement hearing pursuant to section 366.26. On July 2, 2105, father filed a petition for extraordinary writ requesting that reunification services be provided. The petition states that father was instructed to appear on June 3, 2015, but [t]he hearing did not take place as scheduled. . . . " It states that father "showed up " on June 3, 2015, but was informed "by the officer of the day that my case/name did not appear on the calendar as scheduled." The clerk's and reporter's transcript reflect that father was represented by counsel and received notice of the hearing. Father was not present when the case was called on June 3, 2015 and counsel advised the court that father had not contacted him.