James L. v. Superior Court CA5

Filed 12/7/15 James L. v. Superior 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JAMES L., F072213 Petitioner, (Super. Ct. Nos. JV7560 & JV7561) 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. James L., in pro. per., for Petitioner. No appearance for Respondent. Sarah Carrillo, County Counsel, and Cody M. Nesper, Deputy County Counsel, for Real Party in Interest. -ooOoo-

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

James L. (father) in propria persona seeks extraordinary writ relief from the juvenile court’s orders terminating his reunification services at a contested six-month review hearing (Welf. & Inst. Code, § 366.21, subd. (e))1 and setting a section 366.26 hearing as to his four-year-old son James, Jr. (hereafter “James”) and two-year-old son Zechariah. Father contends the juvenile court should have continued his reunification services because he made sufficient progress toward completing his reunification services. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY In December 2014, the Tuolumne County Department of Social Services (department) took then three-year-old James and 21-month-old Zechariah into protective custody because father and the children’s mother (hereafter “mother”) regularly fought in front of the children and could not maintain the home in a habitable condition. On the day the children were removed, there was animal feces, trash, dirty dishes, sharp objects and rotting food throughout the home and within easy access of the children. In addition, both parents reported suffering from mental health disorders for which they were not receiving treatment and father self-medicated by smoking marijuana throughout the day and at night to sleep. He explained that he used marijuana for undiagnosed insomnia and “to take the edge off.” The children were placed together in foster care. The juvenile court exercised its dependency jurisdiction over the children and ordered reunification services for father and mother. Father’s services plan required him to complete domestic violence and parenting programs and a psychological evaluation, participate in mental health counseling and psychotropic medication monitoring and submit to random drug testing. It also required him to continue services through the Amador Tuolumne Community Action Agency (ATCAA) Family Resource Center.