Jonathan H. v. Superior Court CA5

Filed 3/9/16 Jonathan H. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JONATHAN H., F072817 Petitioner, (Tuolumne Super. Ct. No. JV7524) v.

THE SUPERIOR COURT OF TUOLOMUNE OPINION COUNTY,

Respondent;

TUOLUMNE COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ review. Donald I. Segerstrom, Jr., Judge. Jonathan H., in pro. per., for Petitioner. No appearance for Respondent. Sara J. Carrillo, County Counsel, and Cody M. Nesper, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Gomes, Acting P.J., Kane, J. and Pen᷈a, J.

Jonathan H. (father), in propria persona, seeks extraordinary writ review of 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 five-year-old son, Samuel. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY In September 2014, the Tuolumne County Department of Social Services (department) took then four-year-old Samuel into protective custody after discovering that his mother, Barbara (hereafter “the mother”), and father used methamphetamine while caring for him. Samuel has Autism Spectrum Disorder. The department placed him in a foster home. The juvenile court exercised its dependency jurisdiction over Samuel at a dispositional hearing in December 2014 and ordered father and mother to complete a parenting class and the Dependency Drug Court substance abuse treatment (DDC) program. The court set the six-month review hearing for May 2015. In the interim, mother waived her right to reunification services. In February 2015, father obtained a medical marijuana recommendation against the juvenile court’s advice and was terminated from the DDC program. The juvenile court ordered a new reunification plan for him which required him to complete a parenting class, a psychological evaluation, a psychotropic medication evaluation and a domestic violence program, submit to random drug testing, participate in individual substance abuse counseling and attend three 12-step meetings each week. In its report for the six-month review hearing, the department informed the juvenile court that father made minimal progress. He was unable to take care of himself and blamed others for his actions. As an example, he physically attacked the mother and