Brian U. v. Superior Court CA5

Filed 7/28/16 Brian U. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

BRIAN U., F073653 Petitioner, (Super. Ct. No. 516888) v.

THE SUPERIOR COURT OF STANISLAUS OPINION COUNTY,

Respondent;

STANISLAUS COUNTY COMMUNITY SERVICES AGENCY,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDING; petition for extraordinary writ review. Ann Q. Ameral, Judge. Nadine Salim, under appointment by the Court of Appeal, for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

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

Brian U. (father) seeks extraordinary writ relief from the juvenile court’s dispositional orders denying him reunification services under Welfare and Institutions Code section 361.5, subdivision (b)(13)1 and setting a section 366.26 hearing as to his now two-year-old daughter, Emersyn. He contends the court erred in applying the denial of services statute to his unique circumstances. He also contends the court erred in finding that the Stanislaus County Community Services Agency (agency) used due diligence in identifying a possible relative placement. We deny the petition. PROCEDURAL AND FACTUAL SUMMARY This case marks the second dependency proceeding involving Emersyn. In November 2013, then two-month-old Emersyn was taken into protective custody because her maternal grandmother could no longer care for her. Emersyn’s mother, Taylor,2 was using methamphetamine and left Emersyn in the grandmother’s care. The juvenile court exercised its jurisdiction over Emersyn and granted Taylor and father reunification services. In June 2014, the court released Emersyn to Taylor’s custody with family maintenance services. In January 2015, the court released Emersyn to father’s custody with family maintenance services and in July 2015 issued joint custody orders to Taylor and father and dismissed the dependency. These dependency proceedings were initiated in February 2016 after the agency responded to a report that then two-year-old Emersyn was wandering around her apartment complex unsupervised. She was seen descending the stairs alone from the second floor apartment where she and Taylor lived. She was also seen going to other apartments asking tenants for food. In addition, there was concern she could access the nearby swimming pool even though it was fenced in.