Paul B. v. Superior Court CA5

Filed 1/13/16 Paul B. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

PAUL B., F072561 Petitioner, (Super. Ct. No. JJV068060C) v.

THE SUPERIOR COURT OF TULARE OPINION COUNTY,

Respondent;

TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDING; petition for extraordinary writ review. Michael B. Sheltzer, Judge. Paul B., in pro. per., for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

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

Paul B. (father) in propria persona seeks extraordinary writ relief from the juvenile court’s orders issued at a contested 12-month review hearing (Welf. & Inst. Code, § 366.21, subd. (f))1 terminating his reunification services and setting a section 366.26 hearing as to his 11-year-old son, Paul W. Father contends, in essence, that he was deprived effective assistance of counsel, and that the Tulare County Human Services Agency deprived him the right to visit his children and failed to provide him copies of its reports prior to the hearings. As a result, he argues, he was unable to defend himself. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY In July 2014, then 10-year-old Paul was taken into protective custody along with his stepsisters, 14-year-old E.W. and 12-year-old K.W., by the Tulare County Human Services Agency (agency) after Christy, the children’s mother, struck E.W. in the face. E.W. sustained bruising on the left side of her face and a swollen upper lip. E.W. told a police officer that she, K.W., and two friends entered her family home around 8:30 p.m. Father was intoxicated and yelled at her and her friends, calling them “Sluts and [Bitches].” He told her friends to leave and told E.W. she was a mistake and she was not wanted. E.W. went to her room, crying. Christy entered E.W.’s room and struck her on the right side of the face for crying. Christy also told E.W. she would slit her throat from “ear to ear” if she did not stop crying. E.W. went to a friend’s house and contacted the police. E.W. also told the officer that father “touch[ed] her,” explaining that he digitally penetrated her beginning when she was 12 years old. He also touched her breasts and tried to put his hand down her pants. Father and Christy denied that he sexually abused E.W.