Luis G. v. Superior Court CA2/4

Filed 3/1/16 Luis G. v. Superior Court CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

LUIS G., B267687

Petitioner, (Los Angeles County Super. Ct. No. CK66625) v.

THE SUPERIOR COURT OF LOS ANGELES COUNTY,

Respondent;

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Real Party in Interest.

ORIGINAL PROCEEDINGS in mandate. Terry T. Truong, Commissioner. Petition granted. Law Offices of Alex Iglesias, Steven Shenfeld, and Donna Bernstein, for Petitioner. No appearance for Respondent. Mary C. Wickham, County Counsel, and Jacklyn K. Louie, Principal Deputy County Counsel for Real Party in Interest. ______________________________

Luis G. (father) seeks writ review of an order of the juvenile court denying him reunification services. Father argues that the decision to bypass reunification services pursuant to Welfare and Institutions Code section 361.5, subdivision (b)(10) and (11), 1 was made in error. We grant the writ petition and direct the juvenile court to vacate the portion of its October 16, 2015 disposition order denying reunification services to father, strike the allegation in count (b)(2) that was incorrectly attributed to father, and conduct a new hearing to determine the appropriate family reunification services to be provided to father.

FACTUAL AND PROCEDURAL SUMMARY Father and Paulina A. (mother) are the biological parents of Katherine (born in 2011) and Alessandro (born in 2014). In August 2015, the Department of Children and Family Services (DCFS) responded to a report that mother was homeless and staying at a motel with Katherine and Alessandro. The rented room had a strong chemical smell, and the children appeared unkempt. The children were removed, and a section 300 petition, based on allegations of domestic violence and drug abuse, was filed on their behalf. Father was incarcerated at the time of the removal and had been so since November 2014. The petition included four counts. Count (a)(1) alleged that mother and father had a history of engaging in violent altercations in the children’s presence and mother had failed to protect the children because she allowed father to reside in the home and have 2 unlimited access to them. Count (b)(1) alleged that mother had a history of illicit drug use, is a current abuser of methamphetamine and amphetamine, and her substance abuse endangers the children’s physical health and safety. Count (b)(2) alleged that father had a history of engaging in violent altercations in the children’s presence—he had burned mother’s body with cigarettes, choked her, and struck her with his fists, and he was arrested for domestic violence in November 2014. It also alleged that Katherine and