J.W. v. Super. Court CA5

Filed 10/1/15 J.W. v. Super. Court 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

J.W., F071898 Petitioner, (Super. Ct. Nos. JV7393, JV7394) v.

THE SUPERIOR COURT OF TUOLUMNE OPINION COUNTY,

Respondent;

TUOLUMNE COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDING; petition for extraordinary writ review. Donald I. Segerstrom, Jr., Judge. J.W., in pro. per., for Petitioner. No appearance for Respondent. Sarah Carrillo, County Counsel, for Real Party in Interest. -ooOoo-

* Before Levy, Acting P.J., Gomes, J. and Franson, J.

J.W. (father), in propria persona, seeks extraordinary writ review of the juvenile court’s orders terminating his reunification services and setting a Welfare and Institutions Code section 366.26 hearing1 as to his six- and two-year-old daughters (the children). We deny the petition. PROCEDURAL AND FACTUAL SUMMARY Father and his wife, Shawna, are the children’s parents. In October 2013, when these dependency proceedings were initiated, father and Shawna were active drug abusers. Shawna was addicted to heroin and father was addicted to opiates. A social worker from the Tuolumne County Department of Social Services (department) made an unannounced visit to the family home because several days before Shawna called and asked the department to take the children into custody. Shawna explained that she had a nine-year history of heroin addiction and needed drug rehabilitation. She could no longer care for the children. The social worker found father home alone with the children. Shawna was staying with a friend and trying to get into a rehabilitation program. Father stated that he suffered a back injury while serving in the Army and became addicted to pain medication. He completed a residential substance abuse treatment program in April 2009. The social worker asked him to provide a urine sample for testing which he did. He tested positive for methamphetamine and opiates. The social worker took the children, then five years old and 13 months old, into protective custody. In December 2013, the juvenile court exercised its dependency jurisdiction over the children and ordered father and Shawna to participate in reunification services. Father’s services plan required him to complete a parenting program and participate in mental health and substance abuse services.