In re S.H. CA5

Filed 10/4/16 In re S.H. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re S.H., a Person Coming Under the Juvenile Court Law.

TUOLUMNE COUNTY F073667 DEPARTMENT OF SOCIAL (Tuolumne Super. Ct. No. JV7524) SERVICES, Plaintiff and Respondent, OPINION v. JONATHAN H., Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tuolumne County. Donald I. Segerstrom, Jr., Judge. Robert McLaughlin, under appointment by the Court of Appeal, for Defendant and Appellant. Sarah Carrillo, County Counsel, and Cody M. Nesper, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

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

Appellant Jonathan H. (father), appeals from the juvenile court’s order terminating his parental rights to his now six-year-old son, S.H. (Welf. & Inst. Code, § 366.26.)1 Father contends the juvenile court erred in not applying the exception to adoption set forth in section 366.26, subdivision (c)(1)(B)(i) (hereafter “the beneficial relationship exception”). We affirm. PROCEDURAL AND FACTUAL SUMMARY S.H. was placed in protective custody in September 2014 after his mother, Barbara, and father were determined to be under the influence of methamphetamine. Barbara had recently married a registered sex offender who was incarcerated in county jail. Father, who was restrained from having contact with Barbara, was found in her home. He was homeless and camping in the woods and Barbara allowed him to occasionally sleep and shower at her house. Father had previously lost his parental rights to another child because of substance abuse and domestic violence, which also included Barbara and the child’s mother. Father reported having a very close relationship with S.H. who was diagnosed with Autism Spectrum Disorder. He and S.H. sometimes spent weekends with S.H.’s paternal grandmother. On September 26, 2014, the juvenile court ordered S.H. detained and ordered visitation. Father did not appear at the hearing. The Tuolumne County Department of Social Services (department) placed S.H. in foster care. Father did not maintain contact with the department or visit S.H. over the next two weeks. When asked about this, he said he did not attend the detention hearing because he “had the stomach flu.” He said he had not been visiting because he was not allowed to because he tested “dirty.” However, he also said that he last used methamphetamine on the day S.H. was taken into protective custody.