Derek S. v. Super. Court CA2/6

Filed 9/17/15 Derek S. v. Super. Court CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

DEREK S., 2d Civil No. B264155 (Super. Ct. No. 15JD-00037) 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.

Derek S. (Father) challenges an order of the juvenile court denying family reunification services and setting a permanent plan hearing regarding his minor child. (Welf. & Inst. Code, §§ 361.5, subds. (b)(10), (13), 366.26, subd. (c).)1 We deny his petition for extraordinary writ relief. FACTUAL AND PROCEDURAL HISTORY S.B. (Mother) and Father are the parents of a minor daughter, K.B.2 On January 31, 2015, the San Luis Obispo Department of Social Services (DSS) detained

1 All statutory references are to the Welfare and Institutions Code . 2 Mother is not a party to this petition for extraordinary writ.

K.B. and her two half-siblings from the care of Mother and Father due to concerns of methamphetamine abuse and domestic violence in the home. During a lawful search of the home, police officers discovered methamphetamine syringes, heroin, and drug paraphernalia in a bedroom accessible by the children. On February 2, 2015, a DSS social worker interviewed Father, then confined in county jail. Father admitted using methamphetamine and marijuana, as well as "anything available to him." He acknowledged his drug abuse and admitted possession of the drugs and drug paraphernalia found by police officers. Father also admitted visiting Mother in violation of a domestic violence restraining order. On February 3, 2015, DSS filed a dependency petition on behalf of the minor children. DSS alleged that the children were at significant risk of physical or emotional harm due to Mother's and Father's drug abuse, Father's acts of domestic violence, and Father's incarceration. (§ 300, subds. (b) & (g).) DSS also referred to a 2012-2013 dependency proceeding in Fresno County regarding similar allegations against Mother and Father. On February 4, 2015, the juvenile court held a detention hearing. It found a prima facie case regarding the dependency petition, placed the children in the temporary care and custody of DSS, and set the matter for a jurisdiction and disposition hearing. Prior to the jurisdiction and disposition hearing, DSS sent notice to Mother and Father, pursuant to the "bypass" provisions of section 361.5, subdivisions (b)(10) [failure to reunify with sibling or half-sibling] and (b)(13) [failure to comply with previous court-ordered drug treatment], recommending that neither parent receive family reunification services. The DSS recommendation rested upon Father's longstanding drug abuse and his failure to participate in drug treatment during the prior dependency proceeding. 2012 Fresno County Proceeding In 2012, Fresno County Child Welfare Services (CWS) filed a dependency petition on behalf of K.B. and her half-siblings. The petition alleged that Father abused methamphetamine and engaged in domestic violence against Mother. The Fresno County