R.W. v. Superior Court CA1/3

Filed 11/19/15 R.W. v. Superior Court CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

R.W., Petitioner, v. A146185 THE SUPERIOR COURT OF CONTRA (Contra Costa County COSTA COUNTY, Super. Ct. Nos. J14-01029, J14-01030) Respondent; CONTRA COSTA COUNTY CHILDREN AND FAMILY SERVICES BUREAU, Real Party in Interest.

Petitioner R.W.—father of two boys, 10-year-old N.W. and eight-year-old A.W.— challenges the juvenile court’s August 24, 2015 order denying him family reunification services and visitation and setting a Welfare and Institutions Code section 366.26 hearing for December 14, 2015.1 We shall deny the petition for the reasons explained below. FACTUAL AND PROCEDURAL BACKGROUND The boys’ mother died of cancer in January 2013 and their adult sister, S.R., became their legal guardian.2 Because petitioner was incarcerated when the mother died,

1 Unless otherwise noted all statutory references are to the Welfare and Institutions Code. 2 The boys’ mother had five children, including S.R., N.W. and A.W. Petitioner is the biological father of only N.W. and A.W. This petition concerns only them. He and their mother had been living together as a family before petitioner’s incarceration. 1

he was not then available to care for the children. The boys remained in their adult sister’s care even after petitioner was released from custody in September, 2013, although he expressed a desire to have them live with him “as soon as [he] got [his] life together.” On September 25, 2014, the Contra Costa County Children and Family Services Bureau (bureau) filed petitions, pursuant to section 300, subdivision (b), alleging that the children were at risk due to the guardian’s alcohol abuse. The bureau alleged that S.R. had an alcohol abuse problem that put the children at risk of harm because she drove while intoxicated. On or about September 15, 2014, she reportedly was involved in an automobile accident with a pedestrian while she was driving under the influence with her biological child, resulting in serious injury to both of them. The next day the juvenile court detained the boys, removed them from S.R.’s care, and placed them with petitioner. Pursuant to stipulation, the court assumed jurisdiction on November 6, 2014. On March 10, 2015, the court terminated S.R.’s guardianship of her younger brothers, placed them in petitioner’s custody, and ordered that petitioner be provided with family maintenance services. However, on April 17, 2015, the bureau filed a supplemental petition alleging that petitioner had been arrested on April 8 for second degree robbery, was detained in the Santa Rita jail, that he had a “high bail,” and was expected to remain in jail. Petitioner’s wife would not care for the boys and as a result their care was entrusted to their paternal grandmother. Based on an April 15, 2015 visit with the boys at their grandmother’s home, the social worker reported that they appeared to be in good health, but were subdued. On April 20, 2015, the court detained the boys with placement in the relative’s home. In the dispositional report on the supplemental petition, the bureau recommended that petitioner receive reunification services. The report, signed by the case worker and her supervisor on July 21, 2015, and filed August 24, 2015, summarized 17 prior allegations of abuse or neglect involving one or both of the boys from 2008 through 2015, three of which occurred while the boys were in petitioner’s custody. The report also discussed petitioner’s lengthy criminal history. Between October 1987 and April 2015 he had been arrested for vehicle theft, possession of drugs,