John W. v. Superior Court CA5

Filed 9/7/16 John W. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JOHN W., F073826 Petitioner, (Super. Ct. Nos. 15CEJ300027-1 & v. 15CEJ300027-2)

THE SUPERIOR COURT OF FRESNO COUNTY, OPINION Respondent;

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDING; petition for extraordinary writ review. Gary Green, Commissioner. JOHN W., in pro. per., for Petitioner. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and Brent C. Woodward, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Levy, Acting P.J., Franson, J. and Peña, J.

John W. (father) in propria persona seeks extraordinary writ relief from the juvenile court’s orders terminating his reunification services and setting a Welfare and Institutions Code section 366.26 hearing1 as to his now five- and four-year-old sons, Adam and Levi, respectively. We conclude his petition fails to comport with the procedural requirements of California Rules of Court, rule 8.4522 and dismiss the petition. PROCEDURAL AND FACTUAL SUMMARY In January 2015, the Fresno County Department of Social Services (department) took then three-year-old Adam and two-year-old Levi into protective custody after father left them unattended at a fast food restaurant for approximately two hours. Father and the children’s mother, Danielle, were married but had been separated for about a month and father was caring for the children alone. He claimed Danielle had a mental illness. He denied having any mental health problems but said he was “slow.” The juvenile court ordered father and Danielle to participate in reunification services. Father’s services plan required him to participate in parenting instruction and mental health and domestic violence counseling. The department placed the children in foster care. After six months of services, father had completed a parenting program and was participating in individual therapy and a domestic violence program. He also regularly visited the children and was loving and affectionate with them. However, he had difficulty managing the children’s behavior, especially Adam who had been diagnosed with autism. Father reportedly stood by as Adam banged his head and endangered himself. The department recommended the court terminate reunification services and set a section 366.26 hearing.